Coraccio v. Lowell Five Cents Savings Bank

612 N.E.2d 650 (1993)

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Nature of the Case

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Facts

P purchased property and conveyed the property to herself and her husband as tenants by the entirety. D demanded that they take as such. P and her husband then granted a first mortgage on the property to D. D loaned $10,000 to P's husband alone. D demanded and received a second mortgage on the property from P's husband alone. P neither assented to nor had notice of this transaction. This second mortgage was later discharged. D then loaned $65,000 to the husband and again requested and received a second mortgage on the property from him alone. P did not know of or assent to the granting of the second mortgage. The husband defaulted on this mortgage, and the bank began foreclosure proceedings. P learned of the foreclosure (and the existence of the second mortgage) only after reading the foreclosure notice in the newspaper.