This action, brought by New Century Mortgage Corporation (New Century) and Consumer Solutions REO, LLC (Consumer Solutions) [Note 1], seeks reformation of two mortgages [Note 2] given by Shuann N. Braxton and Kenya D. Nickerson-Braxton (Defendants) of property known as 76 Grafton Street, Brockton, Plymouth County, Massachusetts (Property) described in a deed dated June 30, 2006, and recorded in the Plymouth County Registry of Deeds ("Registry") at Book 32974, Page 164.
This case came on to be heard by the court on cross-motions for summary judgment. In a decision of even date, the court (Piper, J.) has granted the Defendants motion for summary judgment based on the Plaintiffs lack of standing and lack of authority to bring this action given the bankruptcy of New Century.
In accordance with the courts decision issued today, it is
ORDERED and ADJUDGED that the Plaintiffs complaint is DISMISSED without prejudice. This judgment is not entered on the merits, and does not preclude Plaintiffs from commencing an action in this court, or another of competent jurisdiction, seeking the same or similar relief, upon a proper showing of standing and authority to do so.
By the Court. (Piper, J).
Deborah J. Patterson
Dated: January 11, 2010
[Note 1] In the decision issued this date, the court has allowed in part the motion to substitute brought by these plaintiffs, adding as an additional party Consumer Solutions, LLC.
[Note 2] Defendants granted a purchase money first mortgage to New Century, securing a loan in the original principal amount of $250,400.00, and recorded at the Registry at Book 32974, Page 166 (First Mortgage), and also granted to New Century a purchase money second mortgage, securing a loan in the original principal amount of $62,600.00 and recorded at the Registry in Book 32974, Page 186 (Second Mortgage).