This action was filed by Francis Hagan and Mary M. Hagan (Plaintiffs) on November 30, 2010 seeking to enjoin Defendant U. S. Bank from foreclosing by auction a mortgage it claims to hold on the Hagan property in Falmouth on grounds that the original mortgagee, Wells Fargo Bank, N.A., had previously assigned the mortgage to another entity and that the purported assignment from Wells Fargo to U. S. Bank in 2009 was therefore invalid and ineffectual.
The Court entered a Temporary Restraining Order on November 30, 2010 enjoining the foreclosure sale but denied Plaintiffs application for a Preliminary Injunction at a hearing on December 16, 2010. An Order has entered this day dismissing the action on grounds of collateral estoppel because Plaintiffs had previously filed an action in Barnstable Superior Court raising substantially the same issues and, following entry of Judgment for Defendant therein, have appealed that decision to the Appeals Court. In accordance with that Order, it is
ADJUDGED and ORDERED that this action be, and is hereby, dismissed with prejudice because of the existence of the prior pending action originally filed in Barnstable Superior Court and currently pending in the Appeals Court.
By the Court. (Trombly, J.)
[Note 1] Unless otherwise indicated, all terms used in this Judgment carry the same definition as employed in the Order Allowing Defendants Motion to Dismiss entered this day.