Legal Opinion
Atlantic Savings Bank v. Metropolitan Bank & Trust Co.
Massachusetts Appeals Court
Decided February 27, 1980PublishedCited by 21 opinions
1Opinion of the CourtGreaney, J.
At issue in this case is the right to surplus funds generated from the foreclosure of the first mortgage held by Atlantic Savings Bank on the home of the defendants Robert J. and Ann Marie McHardy. 2 The McHardys claim prior rights to the funds by reason of their joint declaration of homestead recorded on April 2, 1976, in the appropriate registry of deeds under G. L. c. 188, § 1, as in effect prior to St. 1977, c. 791, § l. 3 The second mortgagee, Metropolitan Bank and Trust Company (Metropolitan), claims superior rights to the surplus by virtue of a mortgage executed by both defendants on…
2Cases cited7 opinions
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Perry v. MillerMassachusetts Supreme Judicial Court · 1953
- Swan v. StephensMassachusetts Supreme Judicial Court · 1868
- Bates v. BatesMassachusetts Supreme Judicial Court · 1867
- Abbott v. AbbottMassachusetts Supreme Judicial Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Dwyer v. CempellinMassachusetts Supreme Judicial Court · 1996
- Maglione v. BancBoston Mortgage Corp.Massachusetts Appeals Court · 1990
- Hildebrandt v. Collins (In Re Hildebrandt)Bankruptcy Appellate Panel of the First Circuit · 2005
- In Re DesrochesUnited States Bankruptcy Court, D. Massachusetts · 2004
- In Re SmithUnited States Bankruptcy Court, D. Massachusetts · 2004
16 more not listed; retrieve them via the Exa API.