Hibernia Savings Bank v. Bomba

As the holder of a promissory note of the defendants, secured by a mortgage of a unit in the Sherburne Village Condominium in Tyngsborough, the plaintiff, The Hibernia Savings Bank (Hibernia), brought this action in the District Court against the defendant mortgagors. The amount alleged to be due was $59,210.79, plus accrued interest, costs, and attorney’s fees. After a hearing on Hibernia’s motion to secure a real estate attachment against the defendants’ property, the judge, sua sponte, dismissed Hibernia’s *379action.2 The case was reported to the Appellate Division. The basis for the judge’s…