Plaintiff, LaSalle Bank National Association, as Trustee for the Registered Holders of Structured Asset Securities Corporation, Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-8, commenced this case on January 14, 2008, seeking to remove a cloud on title, pursuant to G.L. c. 240, §§ 6-10, from a parcel of real property, known as and numbered 279 Common Street in Quincy, owned of record by Defendant John OSullivan. Defendant, Capital Trust, LLC, answered the Complaint on February 20, 2008, and filed a Counterclaim and Cross-claim. Plaintiff answered the Counterclaim on March 24, 2008. [Note 2]
On August 13, 2009, Plaintiffs filed a Motion for Summary Judgment. Defendant Capital filed a Cross-Motion for Summary Judgment on September 15, 2009. The motions were argued before the court on October 21, 2009, and taken under advisement.
After careful consideration of all of the evidence, the court issued a Decision today, ruling that First LaSalle Mortgage was not valid as against Defendant Capital at the time Defendant Capital took its mortgages encumbering the Property
In accordance with that Decision, it is hereby:
ADJUDGED and ORDERED that the Complaint be and is hereby DISMISSED;
ADJUDGED and ORDERED that the Defendant, Capital Trust, LLC is the holder of two mortgages encumbering the property, known as and numbered 279 Common Street in Quincy, owned of record by Defendant John OSullivan, which mortgages lie in second and third position, subordinate only to a mortgage held by Plaintiff, LaSalle Bank National Association in the original principal amount of $77,000.00; and it is further
ADJUDGED and ORDERED that the Defendant, Capital Trust, LLCs Cross-Claim be and is hereby DISMISSED.
By the court (Trombly, J.)
LaSALLE BANK NATIONAL ASSOCIATION, as Trustee for the REGISTERED HOLDERS OF STRUCTURED ASSET SECURITIES CORPORATION, STRUCTURED ASSET INVESTMENT LOAN TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2004-8 v. JOHN O'SULLIVAN and CAPITAL TRUST, LLC