Legal Opinion

Silva v. OneWest Bank, FSB

Massachusetts Superior Court

Decided May 19, 2010No. 1001681Published

1Opinion of the Court

Fremont-Smith, Thayer, J.

The plaintiff, Amarildo Silva (“Silva”), brings this action against OneWest Bank based on a loan Silva entered into that was secured by a mortgage on his home at 1014 Edgell Road, Framingham, Massachusetts (the “Property”). Silva’s complaint alleges three counts of unfair or deceptive acts in violation of G.L.c. 93A, §2, reformation/ declaratory judgment, and breach of agreement (third-party beneficiary). Before the court is Silva’s motion for a preliminary injunction to prevent foreclosure on the Property. After a hearing, and consideration of the material provided…

2Cases cited5 opinions

  1. Packaging Industries Group, Inc. v. CheneyMassachusetts Supreme Judicial Court · 1980
  2. Commonwealth v. Fremont Investment & LoanMassachusetts Supreme Judicial Court · 2008
  3. Tiffany v. Sturbridge Camping Club, Inc.Massachusetts Appeals Court · 1992
  4. Commonwealth v. Fremont Investment & LoanMassachusetts Superior Court · 2008
  5. Commonwealth v. H&R Block, Inc.Massachusetts Superior Court · 2008

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