Cape Cod Bank & Trust Co. v. Rasmussen

This is an action in contract for a deficiency claimed to be due after foreclosure of a mortgage on certain real estate. The note for which the mortgage was security was signed by the appellant Rasmussen and three others as joint and several obligors and was in the original amount of $160,000.00. The present claim is for $20,368.33 with interest, costs and attorney’s fees.

The defendant Rasmussen answered by way of a denial of the essential allegations of the complaint and set up as a special matter by way of defense that the plaintiff had failed to comply with G.L.c. 244, § 17B, which…