Framingham Savings Bank v. Turk

This is the defendants’ appeal of a judgment for the plaintiff-mortgagee in two actions, which were consolidated for trial, to recover deficiencies on two mortgage notes following the foreclosure sale of the mortgaged properties.

The sole issue presented by the defendants’ appeal is whether a mortgagee may maintain a deficiency action despite its failure to send the statutory form of notice prescribed by G.L.C. 244, §17B where the defendant-mortgagors had actual notice of the mortgagee’s intention to pursue a deficiency.

The case was submitted to the trial court on the parties’ Agreed Statement…