Plaintiff Sand Canyon initiated this action on September 10, 2008, by filing a complaint seeking a declaration that a mortgage held by Plaintiff (Sand Canyon Mortgage) and secured by property located at 9 Bagnall Avenue in Saugus (Property), was erroneously discharged and asks this court to revive the Sand Canyon Mortgage with the priority position that would have attached if it had not been discharged. Plaintiff also seeks a declaration that the Sand Canyon Mortgage has priority over a subsequent mortgage held by MERS (MERS Mortgage). This court has issued a decision on Defendants for summary judgment. In accordance with that decision, it is
ADJUDGED and DECLARED that the Sand Canyon Mortgage recorded with the South Essex District registry of Deeds in Book 26076, at Page 34, is a nullity; it is further
ADJUDGED and DECLARED that the MERS Mortgage recorded with said Deeds in Book 27205, at Page 170, is not subordinate to the Sand Canyon Mortgage; it is further
ADJUDGED and ORDERED that, upon the payment of appropriate recording fees, this Judgment may be recorded with said Deeds and marginally referenced to the Sand Canyon Mortgage and the MERS Mortgage.
By the court (Scheier, C. J.)
[Note 1] MERS is the only remaining Defendant. All Defendants, except MERS and Gregory Lane, were defaulted by the court pursuant to Mass. R. Civ. P. 55(a) for failing to appear and answer. Defaults were entered against Joseph Vincent Flammia, Edward John Flammia, and Town of Saugus on November 14, 2008. The United States of America and MERS were defaulted on February 2, 2009, although the MERS default was later vacated on March 10, 2009. Defendant Gregory Lane entered into an Agreement for Declaratory Judgment on November 14, 2008, agreeing that Sand Canyon Mortgage is a valid lien, superior to Lanes interest.