FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF GALION, OHIO v. NAPOLEON


428 Mass. 371 (1998)

FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF GALION, OHIO v. GILBERT NAPOLEON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

November 10, 1998.


Attorney(s) appearing for the Case

Francis T. Talty (Michael Talty with him) for the plaintiff.

Richard S. Milesky for the defendants.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


FRIED, J.

A mortgage debt counts as a debt for purposes of the Uniform Fraudulent Conveyance Act (UFCA), G. L. c. 109A, § 2 (now repealed), and a conveyance by the debtor for less than a fair consideration should have been set aside under § 4 of the UFCA, even if the debtor may have been currently making payments required under the terms of an outstanding mortgage and even though the debtor was unable to continue to make such payments as they became due...

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