Legal Opinion
Egbert v. Freedom Federal Savings & Loan Ass'n
Massachusetts Appeals Court
Decided September 10, 1982PublishedCited by 2 opinions
1Opinion of the CourtPerretta, J.
When the defendant mortgagee Freedom Federal Savings and Loan Association (Freedom) discovered that the plaintiff mortgagor trustees had granted a second mortgage on the realty in issue to Citicorp Real Estate, Inc. (Citicorp), in violation of what Freedom believed its rights to be under the terms of its mortgage, it exercised its option to accelerate the debt. Upon receiving notice that Freedom was electing to accelerate, the trustees obtained a discharge of the second mortgage from Citicorp and tendered the usual monthly payment.2 Freedom declined to accept the payment and notified the…
2Cases cited20 opinions
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Packaging Industries Group, Inc. v. CheneyMassachusetts Supreme Judicial Court · 1980
- Dr. Joy HOCHSTADT, Plaintiff-Appellant, v. WORCESTER FOUNDATION FOR EXPERIMENTAL BIOLOGY Et Al., Defendants-AppelleesCourt of Appeals for the First Circuit · 1976
- La Sala v. American Savings & Loan Ass'nCalifornia Supreme Court · 1971
- Wellenkamp v. Bank of AmericaCalifornia Supreme Court · 1978
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3Cited by2 opinions
- Egbert v. FREEDOM FEDERAL SAVINGS & LOAN ASS'NMassachusetts Appeals Court · 1982
- Kalman v. PerryMassachusetts District Court, Appellate Division · 1999