On June 29, 1984, Nancy Coraccio (plaintiff) purchased property. In order to secure a loan from Lowell Five Cents Savings Bank (Bank) (defendant), Coraccio conveyed the property to herself and her husband as tenants by the entirety. Coraccio and her husband then took out a mortgage on the property. On July 21, 1988, Coraccio’s husband took out a second mortgage on the property in order to obtain a $65,000 loan from the Bank. Coraccio did not assent to the second mortgage and had no knowledge of it. Coraccio’s husband defaulted and the bank initiated foreclosure proceedings. Coraccio brought suit seeking declaratory relief and damages. The Bank moved to dismiss and the Superior Court judge dismissed the suit on all counts.