INTERBAY FUNDING, LLC, v. CITIZENS BANK OF MASSACHUSETTS

Plaintiff InterBay initiated this action on July 10, 2007, by filing a complaint seeking a declaration that a mortgage held by Plaintiff and secured by property located at 46 Washington Street in Ayer (Property), has priority over an attachment and execution held by RBS Citizens, successor-in-interest to Citizens Bank of Massachusetts (Citizens). This court has issued a decision on cross-motions for summary judgment. In accordance with that decision, it is

ADJUDGED and ORDERED that Citizen’s interest as a judgment creditor is subordinate to the mortgage interest of Plaintiff, recorded with the Middlesex Southern District Registry of Deeds in Book 47719, at Page 278, to the extent of $330,120.43, the amount advanced by Plaintiff to discharge the New Century Mortgage recorded with said Deeds in Book 41471, at Page 2, and the real estate taxes owed to the Town of Ayer.

By the court (Scheier, C. J.)