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· 6/22/1979

First National Bank of Cape Cod v. North Adams Hoosac Savings Bank

Citations

  • 391 N.E.2d 689
  • 7 Mass. App. Ct. 790
  • 27 U.C.C. Rep. Serv. (West) 452
  • 1979 Mass. App. LEXIS 1220

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “As the holder of the note, [plaintiff] also would be entitled to all payments to be made by the mortgagors on the note.”
  • asserted assignee of mortgagor’s note and mortgage could not be a holder of the note until it had possession
  • affidavits made from personal knowledge and review of business records are sufficient to shift burden of \setting forth specific facts showing that there was a genuine issue\ to defendant
  • U.C.C. continues to recognize negotiability of note secured by real estate mortgage
  • “[T]he transfer of a note which is secured by a mortgage is a valid transaction with legal title to the mortgage document remaining with the mortgagee in trust for the purchaser of the note who can thereafter enforce in equity an assignment of the mortgage.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hale, Rose, Perretta

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.