Cannelongo v. Fidelity America Small Business Investment Co.

WALSH, Justice:

This is an appeal from a decision of the Superior Court granting judgment in favor of a mortgagee for a deficiency arising out of a mortgage foreclosure. The mortgagor-appellant contends that the Superior Court erred in permitting pre-judgment seizure of appellant’s real property, not the subject of the mortgage foreclosure, pursuant to a writ of lis pendens and in ruling that appellee’s deficiency claim was not barred by the applicable statute of limitations. We agree that lis pendens was not an authorized writ in this proceeding but affirm the Superior Court’s ruling on the…