Fitzgerald v. First National Bank

The plaintiffs, interested parties in a nominee *99trust owning certain mortgaged property in Hopkinton, challenge the adequacy of notice and selling price in connection with the foreclosure sale conducted by the defendant, The First National Bank of Boston (bank). A Land Court judge, following a two-day trial, entered judgment for the defendants. We affirm.

The subsidiary facts are not in dispute. As of 1993, Mark and Rose Marinelli owned a roughly thirty-five-acre parcel of undeveloped land (locus), which the Marinellis had mortgaged to the bank to secure a promissory note. On May 28, 1993,…