Plaintiff Raymond McMillen filed this action, seeking a declaration that a 2002 deed from Mr. McMillen to defendant Marc Kadis for the property at 17 Bow Street in Wellesley is an equitable mortgage. Mr. McMillen also seeks a declaration that, upon payment of a certain sum of money, that mortgage will be discharged and he will become the sole owner of the property. Mr. Kadis claims that the plaintiff is barred from seeking such declarations due to the doctrines of issue and claim preclusion and, accordingly, filed a motion to dismiss. For the reasons set forth in the courts Memorandum and Order on the Defendants Motion to Dismiss, that motion is ALLOWED. The plaintiffs claims are barred by the doctrine of claim preclusion and, accordingly, are DISMISSED in their entirety, with prejudice.
By the court (Long, J.)