Home STEPHEN C. MONTANA vs. SALLY J. WINTERS, Trustee of the MOTEL REALTY TRUST, LEONARD S. FRENCH, SALLY J. WINTERS, individually, SHIRLEY A. FRENCH, MICHAEL J. FRENCH, and JULIE A. EVANS f/k/a JULIE A. FRENCH D'AMELIO, and JOSEPH N. VERNA individually and as Trustee of GREENSPRING REALTY TRUST

MISC 10-419735

July 30, 2012

Sands, J.

JUDGMENT

Plaintiff Stephen Montana filed his unverified complaint on January 6, 2010, pursuant to the provisions of G.L. c. 237 and c. 240, ยงยง 6-10, seeking to clarify the status of title to property located at 759 Union Street, Franklin, MA ("Locus"), which is dependant upon a levy of execution by sheriff's sale. [Note 1] Defendants filed their Answer on February 18, 2010. [Note 2] A case management conference was held on April 23, 2010. A pre-trial Conference was held on August 1, 2011, at which time the parties discussed whether a trial or summary judgment was required. The parties attended additional status conferences on September 20, 2011, and October 14, 2011, at which time it was determined to hold a trial. Trial took place at the Land Court in Boston on February 6, 2012; there was no site view. [Note 3] Post-trial briefs were filed by Defendants on March 23, 2012 and by Plaintiff on March 27, 2012, and at that time the matter was taken under advisement.

Testimony at trial was given by Anita Kintigos (Deputy Sheriff for Norfolk County), Leonard French (Defendant), and Steven Montana (Plaintiff). There were twenty exhibits submitted into evidence. A Decision of today's date has been rendered.

In accordance with that Decision it is hereby

ORDERED and ADJUDGED that Winters was the holder of legal title to Locus, and the Judgment Debtor identified in the judgment issued in Stephen Montana v. Sally Winters, Trustee of Motel Realty Trust, Norfolk Superior Court (No. CV2002-00691), dated January 18, 2005, and therefore she was the only party entitled to notice of the sheriff's sale. [Note 4]

ORDERED and ADJUDGED that the defects in the notice published in the Milford News on June 26, July 3 and July 10, 2007, were immaterial and the sheriff's deed to Plaintiff dated July 18, 2007, was valid.

By the court (Sands, J.)

FOOTNOTES

[Note 1] Plaintiff filed an Amended Complaint on September 26, 2011, adding as a Defendant Joseph N. Verna, individually and as Trustee of Greenspring Realty Trust.

[Note 2] Defendants filed their Answer to Amended Complaint on February 6, 2012.

[Note 3] At the trial, after opening arguments, this court advised the parties that there did not appear to be any material facts in dispute. After a recess, the parties agreed to submit certain stipulated facts to this court on or before February 13, 2012. As a result, a limited trial was held on February 6, 2012.

[Note 4] The Trust instrument provides requirements for the relationship between the Trustee and the Beneficiaries; however, that is a private matter governed by the Trust instrument and not applicable to the present case.