Opinion
February 25, 1983.
The judgment is reversed and the case is remanded to the Superior Court. If the matter is heard by the same trial judge, the judge may reopen the proceedings and take further action pertaining to (1) the amendment of the defendants' answer to assert as a defense G.L.c. 244, § 17A; (2) the unanswered Request for Admissions; and (3) the unsettled issue of controverted and unstipulated fact concerning whether the defendants made promises after the 1975 foreclosure of a second mortgage sufficient to estop the defendants to assert the bar of G.L.c. 244, § 17A. If the matter is heard by a different trial judge, a new trial is to be granted with authority in the trial judge to conduct any further appropriate pretrial proceedings consistent with this order.