This action was filed on March 26, 2009 by the Plaintiff seeking to recover possession of real property pursuant to a writ of entry under Mass. G.L. c. 237, to quiet title thereto under G.L. c. 240, §§6-10A, for declaratory judgment under G.L. c.231A, §§1-9, and on general principles of equity. One January 8, 2010, the Defendant, Fatu Miller, filed a motion for summary judgment on the Plaintiffs complaint and on her counterclaim, asking the court to rule that she took title to the subject property free and clear of any mortgage interest now claimed by the commissioner.
The case was argued on January 21, 2010 and after careful consideration of all of the evidence, the Court issued a Decision today, granting Summary Judgment in favor of the Defendant.
In accordance with that Decision, it is hereby:
ADJUDGED and ORDERED that the Defendant, as a bona fide purchaser, holds her title to Property known as 19 Canton Street in Worcester free and clear of the Mortgage given by E. Perry King and Terry A. King to the Home National Bank of Milford, dated January 27, 1988, as recorded with the Worcester District Registry of Deeds at Book 11097, Page 122, but subject to any other encumbrances thereon not at issue in this action.
By the Court (Trombly, J.).
[Note 1] If not specifically defined herein, each term carries the same definition employed by the Decision.