Katz v. Winokur

This is an action by a mortgagee, the plaintiff, to recover a deficiency from his mortgagor, the defendant, following a foreclosure sale held on February 5, 1975, of premises in Fitchburg. The defendant claims that the plaintiff failed to act in good faith and with reasonable diligence in executing the power of sale in the mortgage because he proceeded with the foreclosure in the midst of a severe snowstorm. This issue was tried to a jury in the Superior Court which returned a verdict for the plaintiff for the full amount of the deficiency. Judgment was thereafter entered on the jury’s…