Plaintiff Blackfoot Capital, LLC filed its unverified Complaint on December 11, 2006, arguing that a cloud on title of property located at 162 Prescott Street, Worcester, MA (Locus) exists because of issues relating to Plaintiffs compliance with the Servicemembers Civil Relief Act (the Act) in connection with a foreclosure sale. [Note 1] Campaniello filed a Motion for Declaratory Judgment to Set Aside Foreclosure on April 12, 2007, based on Plaintiffs procedural failure to comply with the Act, together with supporting memorandum and Affidavit of Frank Campaniello. Plaintiff filed its Motion for Judgment on the Pleadings on April 20, 2007, seeking to remove a cloud on title of Locus relating to noncompliance with the Act in connection with the foreclosure sale, together with supporting memorandum in support of its motion and in opposition to Campaniellos motion. Campaniello filed his Opposition to Plaintiffs motion on May 24, 2007, together with Defendants Answer and Counterclaim alleging breach of loan agreement, interference with business opportunity, violation of G. L. c. 93A, § 11, equity of redemption, fraud and misrepresentation, breach of duty of good faith and fair dealing, promissory estoppel and negligence. A hearing was held on Plaintiffs Motion for Judgment on the Pleadings on June 20, 2007, and the matter was taken under advisement. [Note 2] A Decision of todays date has been rendered.
In accordance with that Decision it is:
ORDERED and ADJUDGED that Plaintiffs failure to comply with the terms of the Act in conjunction with the foreclosure sale is not a cloud on title to Locus.
ORDERED and ADJUDGED that Plaintiffs procedural failure to comply with the Act did not render the foreclosure sale void.
ORDERED and ADJUDGED that Plaintiffs Motion for Judgment on the Pleadings is ALLOWED.
ORDERED and ADJUDGED that Campaniellos Motion for Declaratory Judgment to set aside the foreclosure as it relates to noncompliance with the Act is DENIED.
By the court. (Sands, J.)
Deborah J. Patterson
Dated: January 4, 2008
[Note 1] None of Defendants appeared for the case management conference on February 16, 2007. A Fifteen Day Order was issued on February 16, 2007, and only Defendant Francis Campaniello (Campaniello) responded. Campaniello was the only Defendant to appear at both a status conference on April 12, 2007, and at the hearing on the Judgment on the Pleadings on June 20, 2007. As a result, Defendant Gruiabalan LLC (Gruiabalan) and Defendant Webster Five Cents Savings Bank (Webster) are defaulted pursuant to Mass. R. Civ. P. 55(a).
[Note 2] Both parties agree that this court shall also act on Campaniellos Motion for Declaratory Judgment, insofar as both sides briefed the issue in that motion and the motion deals with Plaintiffs noncompliance with the Act, the same issue addressed in the Judgment on the Pleadings.