This is a proceeding filed in the Land Court on April 23, 1982, pursuant to Mass. St. 1945, c. 120 and St. 1959, c. 105 for authority to make entry and to exercise the power of sale contained in a mortgage of real estate consistent with the provisions of an Act of Congress known as the Soldiers' and Sailors' Civil Relief Act of 1940 as amended.
The Plaintiff filed an affidavit as to military service which disclosed that Leon Grigoropoulas was in the military service of the United States. A military attorney, Sheila Ryan Grandfield, was appointed by the Court to represent and protect the interest of the said Leon Grigoropoulas.
The Defendants, Ernest Gregory, Betsy M. Gregory, Depositors Trust Company, and Massachusetts General Hospital, none of whom are in the military service, received notice by registered mail at their last and usual places of abode and did not appear or answer the complaint.
A hearing was held on January 6, 1983 at which the Plaintiff was represented by counsel and Leon Grigoropoulas was represented by the military attorney and by Attorney Herbert Sklar who filed an answer for him on June 18, 1982.
Based on all the evidence the Court finds the following facts:
1. The Plaintiff, Medford Cooperative Bank, is the holder of a mortgage containing a statutory power of sale given to it by Ernest Gregory and Betsy M. Gregory, dated August 11, 1978 and recorded with the Middlesex South District Registry of Deeds in Book 13513, Page 282. The mortgaged premises are located at 99 Blakely Road, Medford, Massachusetts, in the County of Middlesex.
2. The Gregorys became delinquent in their payments and in February of 1982 they received notice of foreclosure from the Medford Cooperative Bank.
3. On February 23, 1982, Ernest and Betsy Gregory executed a deed for the 99 Blakely Road property to Sergeant Leon Grigoropoulas and themselves all as joint tenants. The deed was recorded in Book 14546, Page 108 at the Middlesex South District Registry of Deeds.
4. The Defendant Leon Grigoropoulas is on active duty with the Armed Services of the United States, and is stationed at theUnited States Airforce Base, Plattsburg, New York. It is unclear whether he was in the military service at the time the note and mortgage were executed.
5. Defendant Grigoropoulas' military attorney advised him by certified mail of the foreclosure proceedings. Defendant Grigoropoulas' wife contacted his military attorney in response to the certified letter and told the attorney that Defendant Grigoropoulas was not informed of his interest in the 99 Blakely Road property until after the execution of the deed making him a joint tenant. At the request of Defendant's wife, the military attorney spoke with the bank and informed Defendant Grigoropoulas by certified mail that the bank would not refinance the loan. Subsequently, Defendant's wife called the military attorney on behalf of her husband and stated that her husband was not interested in the proceedings and did not wish to be notified of any further action in the case.
Section 302 (1) of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended states "The provisions of this section shall apply only to obligations secured by a mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in military service at the commencement of the period of military service and still so owned by him which obligations originated prior to such person's period of military service." Even assuming that the obligation arose before Defendant Grigoropoulas' entrance into the service, (see paragraph 4 herein), the decree will still be entered granting the Plaintiff authority to make an entry and to exercise the power of sale contained in the mortgage, as Defendant Grigoropoulas has been notified and decided not to take any further action in this case.