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WELLS FARGO BANK v. NATIONAL LUMBER COMPANY

No. 08-P-2082.

76 Mass. App. Ct. 1 (2009)

WELLS FARGO BANK, NATIONAL ASSOCIATION v. NATIONAL LUMBER COMPANY.

Appeals Court of Massachusetts, Suffolk.

December 11, 2009.

Attorney(s) appearing for the Case

Mark E. Barnett for the defendant.

Meredith A. Swisher (James B. Fox with her) for the plaintiff.

Present: KAFKER, WOLOHOJIAN, & MILKEY, JJ.

KAFKER, J.

Wells Fargo Bank (Wells Fargo) brought suit against National Lumber Company (National) seeking equitable subrogation of the mortgages granted by David Naginewicz (owner) on property located at 116 John Street in Ludlow (property). The Land Court allowed Wells Fargo's motion for summary judgment, thereby placing its mortgage in a priority position. We conclude that fuller factual development regarding the equitable interests of both mortgagees is required...

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