Home NA-MOR, INC. and CD HOLDINGS OF DELAWARE, INC. v. JOHN FARNSWORTH individually and as trustee of Na-Mor Inc. Realty Trust, and STAR FALL LLC

MISC 11-453662

May 10, 2012


Long, J.


For the reasons set forth in the courtÂ’s Memorandum and Order Dismissing Case of this date, this action is DISMISSED, IN ITS ENTIRETY due to the prior pending proceedings in the Probate & Family Court, Worcester Division, which have addressed title to the properties at issue herein and whose orders and judgments cannot be collaterally attacked in these proceedings. See Mass. R. Civ. P. 12(b)(9); Tompkins v. Tompkins, 65 Mass. App. Ct. 487 , 493 (2006). The copy of the Complaint in this action, recorded in the Worcester Registry of Deeds at Book 47863, Page 123 (Sept. 23, 2011), shall be STRICKEN AND REMOVED from those records, and all marginal references to it removed.

Upon payment of all required fees, a certified or attested copy of this Judgment may be recorded in the Registry and marginally referenced on all relevant documents.