MISC 08-384584

February 16, 2010

Sands, J.


Plaintiff filed its unverified Complaint on September 19, 2008, pursuant to G. L. c. 240, § 6, to quiet title to property located at 163 Blue Hill Drive, Westwood, Massachusetts (“Locus”), relative to a second mortgage (the “Mortgage”) on Locus dated May 31, 2001. [Note 1] Defendant Mary Bishay (“Bishay”), assignee of the Mortgage from Defendants Allied Properties and Mortgages, Inc. (“Allied”) and Andre Danesh (the President and Treasurer of Allied) (“Danesh”), filed her Answer, Counterclaim, and Jury Demand on October 27, 2008, requesting a declaratory judgment pursuant to G. L. c. 231A, § 1, that the Mortgage is binding. [Note 2] Plaintiff filed its Reply to Counterclaim on November 13, 2008. A case management conference was held on December 11, 2008. On December 31, 2008, Bishay filed a Motion to Compel Plaintiff to Post Security, together with Affidavit of Bahig F. Bishay. Plaintiff filed its Motion for Preliminary Injunction on February 9, 2009, together with Affidavit of Mary McCarthy. On February 10, 2009, this court held a hearing on the motion to post security, and denied such motion on February 17, 2009. [Note 3]

Plaintiff filed its Motion for Partial Summary Judgment and Request for Speedy Hearing on November 5, 2008, together with supporting brief, Concise Statement of Material Facts, and Appendix. On December 10, 2008, Bishay filed her Motion for Summary Judgment, together with supporting brief, Concise Statement of Material Facts, and Appendix. Bishay filed Affidavits of Bahig F. Bishay on December 11, 2008, and December 31, 2008. Plaintiff filed its Opposition to Bishay’s summary judgment motion, together with Affidavits of Nicholas J. Nesgos and Harold Brown, on January 9, 2009. A summary judgment hearing was held on June 22, 2009, and at that time all motions were taken under advisement. [Note 4] A decision of today’s date has been issued.

In accordance with that decision it is:

ORDERED and ADJUDGED that, pursuant to G. L. c. 260, § 33, [Note 5] and G. L. c. 260, § 34, the Mortgage concerning Locus, granted by Bahig to Allied on May 31, 2001, to secure a note of the same date in the amount of $300,000 has expired and is no longer valid.

ORDERED and ADJUDGED that Plaintiff’s Motion for Partial Summary Judgment is ALLOWED and Bishay’s Cross-Motion for Summary Judgment is DENIED.

By the court. (Sands, J.)


Deborah J. Patterson


Dated: February 16, 2010


[Note 1] Plaintiff filed its Amended Complaint on December 30, 2008, adding Bishay as a Defendant.

[Note 2] Bishay filed her Answer to Amended Complaint on January 7, 2009.

[Note 3] At the hearing on February 10, 2009, Plaintiff withdrew its motion for preliminary injunction based on Bishay’s representation not to foreclose on the Mortgage until a decision is issued on the summary judgment motions.

[Note 4] Bishay filed a Supplemental Memorandum on June 25, 2009, which was not authorized by this court. Plaintiff filed a letter enclosing additional case law on January 28, 2010, which was also not authorized by this court. As a result, this court shall not allow either filing.

[Note 5] As amended by Section 6 of Chapter 63 of the Acts of 2006, which became effective on October 1, 2006.