Defendant's Attorney:

Description: Boston, Massachuetts consuer credit lawyer represented the Defendant in a foreclosure action.

Under Massachusetts law, "[i]t is the general rule that, where a mortgage has been discharged by mistake, equity will set
the discharge aside and reinstate the mortgage to the position the parties intended it to occupy, where the rights of intervening lienors have not been affected." E. Bos. Sav. Bank v. Ogan, 701 N.E.2d 331, 328 (Mass. 1998) (quoting N. Easton Coop. Bank v. MacLean, 15 N.E.2d 241, 245 (Mass. 1938)).

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Outcome: Judgment in favor of the Plaintiff.

Affirmed on appeal.

Plaintiff's Experts:

Defendant's Experts:

Comments: