LBM Financial, LLC v. Edgewater Investment Ltd. Partnership

These actions arise out of a mortgage foreclosure sale of real estate known as the Half-Tide Marina in Mashpee, Massachusetts. The rigors of litigation have whittled the parties down to a few who now seek summary judgment as to the disposition of the foreclosure proceeds surplus. The cross motions for summary judgment were heard on December 19, 2003.1

BACKGROUND

There are those in Mashpee who say the Half-Tide Marina is aptly named, for at low tide they claim there’s not enough water to navigate out of the docks and down the Santuit River. Nonetheless, one can infer the spot has its charms for…