United States Trust Co. v. Einreinhofer

Defendant Roy Einreinhofer has filed the present “emergency" motion seeking to invalidate a lien on his home. The holder of the lien, plaintiff *425United States Trust Company (USTrust), opposes the motion on various grounds, both substantive and procedural. For the following reasons, defendant’s motion is denied.

BACKGROUND

In 1976, defendant Einreinhofer and his wife, Jo-Ann Einreinhofer, took title to real property in Sud-buiy, Massachusetts as tenants by the entirety. On March 15,1989, Einreinhofer executed a written guarantee of a loan made by USTrust to a corporation of which he was an…