Citicorp Mortgage, Inc. v. Publicover

This case comes before the Court on a request from both parties for a ruling pursuant to Rule 52(a) of the Massachusetts Rules of Civil Procedure allowing the court to enter judgment without a jury. The plaintiff, Citicorp Mortgage, Inc. (“Citicorp”), seeks to recover a deficiency judgment arising from the breach of a note secured by a mortgage and resulting foreclosure of a mortgage executed by Frederick A. Publicover. The defendant, Michelle Publicover (“Publicover”), is the executrix of Frederick Publicover’s estate (“the estate”). She alleges that Citicorp’s claim must fail because it was…