First National Bank v. Ibarra

The plaintiff, a Massachusetts bank, brought this action against the defendant as guarantor of a mortgage note, which was in default. On December 3, 1996, a Superior Court judge denied a motion to dismiss the complaint under Mass.R.Civ.R 12(b)(5) and 12(b)(6), 365 Mass. 754 (1974). He rejected the defendant’s contention that the complaint had not been properly served in accordance with Mass.R.Civ.R 4(j), as *661amended, 402 Mass. 1401 (1988).1 After that hearing, another judge allowed the plaintiff’s summary judgment motion concluding, on the basis of an uncontradicted affidavit of a comaker of…