Murphy v. Wachovia Bank of Delaware, N.A.

Curran, Dennis J., J.

Introduction

After a trial without a jury, and based on the credible evidence, the court makes the following Findings of Fact and Rulings of Law.

Procedural Background

Nigel Thorpe owned properly at 16 Hillside Way, Wilmington, Massachusetts. Two mortgages were held on the property, a first by Wells Fargo Bank, and a second by Wachovia Bank, N.A. Some seven years ago, after default, the latter foreclosed on the properly under a power of sale provision in the mortgage. Wachovia sold the property to a third-party buyer, paid both itself and the first mortgagee, and distributed…