Legal Opinion
Heath Management Co. v. Guaranty-First Trust Co. (In re Waterside Construction Co.)
District Court, D. Massachusetts
Decided March 7, 1990No. Bankruptcy No. 89-12833-HAL; Adv. No. 89-1554PublishedCited by 1 opinion
1Opinion of the Court
DETERMINATION OF MORTGAGE STATUS
HAROLD LAVIEN, Bankruptcy Judge.
This complaint by a junior mortgagee, Heath Management Co., Inc., (“Heath”) challenges a second, third, and fourth mortgage held by the Guaranty-First Trust Company (“Guaranty”) on the debtor’s property and seeks damages on a third-party beneficiary type theory. Aside from the effect of damages, the bank’s first mortgage does not appear to be seriously in dispute by this plaintiff.
Although not directly relevant, the casual manner in which the bank authorized a construction loan of $1,463,000 without any plans, specifications, or…
2Cases cited11 opinions
- In Re Roco Corporation, D/B/A Standard Supply Company, Debtor. Edward Consove v. Avram CohenCourt of Appeals for the First Circuit · 1983
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Ohio Corrugating Co. Ex Rel. Official Creditors Committee v. Security Pacific Business Credit, Inc. (In Re Ohio Corrugating Co.)United States Bankruptcy Court, N.D. Ohio · 1987
- Boston Box Co. v. ShapiroMassachusetts Supreme Judicial Court · 1924
- Hegel Branch, Ethel L. Chandler and Donald Chandler v. James S. Steph, Trustee, Chickasaw Lumber Company of Duncan, Oklahoma, Inc.Court of Appeals for the Tenth Circuit · 1968
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boston Regional Medical Center, Inc. v. Seventh Day Adventist Hospital Retirement Fund (In Re Boston Regional Medical Center, Inc.)United States Bankruptcy Court, D. Massachusetts · 2003