MISC 11-456834

June 11, 2012

Sands, J.


Plaintiff filed his Verified Complaint to quiet title pursuant to G. L. c. 240, § 6 on December 13, 2011, challenging Defendant’s standing to foreclose on Plaintiff’s property (“Locus”), and alleging that Defendant did not have valid title to a note and mortgage (the “Mortgage”) on which it was trying to foreclose, and that Defendant did not follow the pre-foreclosure requirements of G. L. c. 244, § 35A. An emergency ex parte motion for temporary restraining order seeking to stop a foreclosure sale scheduled for December 15, 2011, was filed by Plaintiff on December 14, 2011, and denied the same day. Defendant filed its Answer on January 6, 2012. A case management conference was held on January 17, 2012. Defendant filed its Motion for Judgment on the Pleadings on January 19, 2012. Plaintiff filed his Opposition on February 21, 2012. A hearing was held on the motion on April 4, 2012, and the matter was taken under advisement. A decision of today’s date has been issued.

In accordance with that decision, it is:

ORDERED and ADJUDGED that Defendant had standing to foreclose on the Mortgage.

ORDERED and ADJUDGED that the Right to Cure Letter sent to Plaintiff by Wells Fargo Home Mortgage dated November 15, 2009 (the “Right to Cure Letter”) complied with G. L. c. 244, § 35A.

ORDERED and ADJUDGED that the Right to Cure Letter became moot.

ORDERED and ADJUDGED that Plaintiff’s allegations fail to state a claim upon which relief may be granted.

ORDERED and ADJUDGED Defendant’s Motion for Judgment on the Pleadings is GRANTED.

By the Court. (Sands, J.)