Legal Opinion
Maglione v. BancBoston Mortgage Corp.
Massachusetts Appeals Court
Decided July 30, 1990No. 89-P-720PublishedCited by 38 opinions
1Opinion of the CourtKass, J.
Insofar as the plaintiffs have “a claim of a right to title to [the] real property” 2 in question, it is as second mortgagees. The question presented is whether a judge may order the dissolution of a lis pendens recorded by a mortgagee upon condition that the mortgagor or a competing mortgagee place in escrow, or bond, the amount due on the note. We hold that a judge may do so.
Ordinarily, the presence of an undischarged mortgage — at least a recent one — in a record chain of title will serve as well as a lis pendens in discouraging transactions in the encumbered property. What provokes the…
2Cases cited11 opinions
- Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
- Pineo v. WhiteMassachusetts Supreme Judicial Court · 1946
- Carpenter v. Suffolk Franklin Savings BankMassachusetts Supreme Judicial Court · 1973
- Negron v. GordonMassachusetts Supreme Judicial Court · 1977
- Debral Realty, Inc. v. DiChiaraMassachusetts Supreme Judicial Court · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- US Bank National Association v. IbanezMassachusetts Supreme Judicial Court · 2011
- Eaton v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 2012
- Woods v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
- Bevilacqua v. RodriguezMassachusetts Supreme Judicial Court · 2011
- Lemelson v. U.S. Bank National AssociationCourt of Appeals for the First Circuit · 2013
33 more not listed; retrieve them via the Exa API.