Petti v. Putignano

Fred Petti (plaintiff) holds a second mortgage with a statutory power of sale that the defendants have given him on property in Avon. He commenced an action in the Superior Court pursuant to St. 1943, c. 57, as amended through St. 1959, c. 105, seeking authorization to foreclose the mortgage. Notice issued to the defendants and to "all persons entitled to the benefit of the Soldiers’ and Sailors’ Civil Relief Act of 1940 as amended” (50 U.S.C. App. § 501 [1976]). The defendants then filed a complaint seeking to enjoin the foreclosure and asserting that there had been no breach of any of the…