Legal Opinion

IAG Federal Credit Union v. Fripp

Massachusetts Superior Court

Decided October 27, 1999No. 9700213Published

1Opinion of the CourtGershengorn, J.

Plaintiff, IAG Federal Credit Union (“IAG”), brings this action, claiming a mortgage deficiency from the foreclosure sale of property owned by defendants, James N. Fripp and E. Anne Fripp. IAG secured default judgments against defendants for failure to file an answer and obtained an execution of those judgments.

Defendants now move to vacate the default judgments on the grounds that IAG improperly served them with the amended complaint and that they received notice of certain hearings after the hearing dates or not at all. For the reasons stated below, defendants’ motion is denied.

BACKGROUND

On…

2Cases cited9 opinions

  1. Berube v. McKesson Wine & Spirits Co.Massachusetts Appeals Court · 1979
  2. Bird v. RossMassachusetts Supreme Judicial Court · 1985
  3. Russell v. FoleyMassachusetts Supreme Judicial Court · 1932
  4. Alpert v. Mercury Publishing Co.Massachusetts Supreme Judicial Court · 1930
  5. Hackney v. ButlerMassachusetts Supreme Judicial Court · 1959

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