Fairhaven Savings Bank v. Callahan

This is a civil action to recover a deficiency alleged to be due after foreclosure of a mortgage or real estate.

The answer denied any deficiency was owed by reason of the alleged noncompliance by the plaintiff with G.L.c. 244, §§141 and 17B2.

There was a stipulation entered into between the parties that in the event that the defendant was liable, judgment should enter in the sum of $27,375.49. The judge found for the plaintiff and entered judgment accordingly.

Upon the basis of a stipulation and other evidence introduced at trial, the following factual pattern emerges:

The defendant, a…