Bead Portfolio, LLC v. Follayttar

This appeal concerns the failure of the Federal Deposit Insurance Corporation (FDIC), the holder of a note and mortgage, to comply with G. L. c. 244, § 17B,2 and whether *534such failure precludes the plaintiff, the successor to the interest of the FDIC in the note after foreclosure, from pursuing the deficiency remaining after the foreclosure sale. On cross motions for summary judgment, a judge of the Superior Court entered judgment for the plaintiff, ruling that, although the notice had not been sent as required by § 17B, “to the defendant... at his last address then known to the mortgagee,”…