Bay Side, Inc. v. MFS Service Corp.

This is an appeal by the defendant from a judgment in the Superior Court permitting the plaintiff to proceed to foreclosure in connection with a first mortgage lien held by the plaintiff on real property owned by the defendant in Sussex County and subdivided for purposes of resale.

In light of the implied expectancy of principal reductions in this contract (which by its provisions required only interest payments during its term and anticipated fractional sales, release payments by subdivision lot and partial releases from the overall lien by lots sold and release payments made), as further…