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Page v. Frazier

388 Mass. 55 (1983)

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Page v. Frazier

Massachusetts Supreme Judicial Court

388 Mass. 55 (1983)

Facts

Robert Page (plaintiff) entered into an agreement to purchase property. Page later applied to Cape Cod Five Cents Savings Bank (the bank) (defendant) for a mortgage loan. The mortgage application stated that the attorney for the mortgagee was responsible for protecting the interests of the mortgagee. The application also stated that the mortgagor could hire his own attorney to represent his interests. Page’s application was approved, and the bank hired attorney Charles Frazier (defendant) to certify the title to the property and draft the necessary documents. The deed was executed, and Frazier sent a letter to the bank stating that the title to the property was free of any encumbrances. A few years later, Page sought to sell the property. It was then discovered that the chain of title on which Frazier had relied did not include Page’s property. Page subsequently filed suit against Frazier and the bank, alleging negligent misrepresentation. The trial court ruled for Frazier and the bank. Page appealed.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

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