Court Case Record Eastern Bank vs. Beverly Mason & another 2011-J-0011

Eastern Bank vs. Beverly Mason & another Court Case Record

Court Case Number: 2011-J-0011

Case Number2011-J-0011
Case TitleEastern Bank vs. Beverly Mason & another
Case TypeCivil
StateMassachusetts, MA
CourtLand Court
Court Address
Field Date01/07/2011
Close Date02/04/2011


Kevin P. Geaney, EsquireEastern BankPlaintiff/Petitioner
Angelo P. Catanzaro, EsquireBeverly MasonDefendant/Respondent
Angelo P. Catanzaro, EsquireMark D. SavageDefendant/Respondent
Entry Date Paper Entry Text
01/07/2011 #1 PETITION purs to GLc 231, s. 118 w/attach, filed by Eastern Bank.
01/18/2011 #2 OPPOSITION to Petition w/attach, filed by Mark D. Savage.
01/31/2011 #3 Motion Plaintiff Eastern Bank to Strike Portions of Opposition of Mark D. Savage, Trustee of GMCR Lending Trust to Petition of Eastern Bank, Or In the Alternative, Motion for Leave To File A Reply Memorandum.
02/04/2011 RE#1: The Petition is DENIED. Both the judge's order and Paragraph 1 of the opposition, which is unchallenged, reveal that Eastern agreed that the property should be sold to the buyer GMCR had obtained. As to the amount of the escrow, the record reflects that the judge gave Eastern an ample opportunity to suggest a number higher than $600,000, but that Eastern never did. Indeed, even in the papers filed with this court, it has not suggested a different number. An agreement that the property be sold to a residential buyer is, implicitly, an agreement that it be sold free and clear of mortgages held by parties to the agreement. The judge was warranted in concluding, therefore, that Eastern agreed to the sale, agreed that its mortgage would be removed so that the sale could proceed and, by failing to suggest and support an escrow amount greater than $600,000, which is almost $100,000 higher than the sale price, though given ample opportunity to do so, should be required to proceed with its agreement upon creation of an escrow in that amount (McHugh, J.). Notice/attest/Sands, J.
02/04/2011 RE#3: Denied. In making my decision, I have not relied on any challenged portion of the opposition (McHugh, J.). Notice/attest/Sands, J.