FEDERAL NATIONAL MORTGAGE ASSOCIATION v. SHERRY E. PERKINS

Plaintiff Federal National Mortgage Association (“FNMA”) filed its complaint on May 24, 2012. The complaint seeks a judgment that defendant Sherry E. Perkins was not in the military or otherwise entitled to the benefits of the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq. (the “Act”) at the time that a foreclosure auction on Perkins’s property was conducted on August 22, 2011, that the auction and foreclosure deed are not invalid due to a lack of a judgment under the Act, and that there is not a cloud on FNMA’s title to the property as a result of a judgment under the Act not issuing prior to the foreclosure auction. With the return of service on Perkins, FNMA filed the Affidavit of Sherry Perkins, in which she stated under oath that she was not in the military on August 22, 2011, and has never been and is not currently in the military. The court directed FNMA to file a motion for summary judgment or motion for judgment on the pleadings, including further evidence that Perkins’s husband was deceased. On May 24, 2012, FNMA filed the Plaintiff’s Motion for Summary Judgment, Statement of Issues Presented for the Plaintiff’s Motion for Summary Judgment, the Plaintiff’s Concise Statement of Material Facts, in Accordance with Land Court Rule 4 and Mass. R. Civ. P. 56, the Statement of Legal Elements, the Argument in Summary Form, the Conclusion and Request for Relief, and the Appendix of Exhibits. Perkins has filed no opposition to the Motion for Summary Judgment. In a decision of even date, the court (Foster, J.) has allowed the Plaintiff’s Motion for Summary Judgment and ordered entry of judgment in favor of FNMA.

In accordance with the court’s decision issued today, it is

ORDERED, ADJUDGED and DECLARED that at the time of the August 22, 2011 foreclosure sale of the property at Unit No. 535 at 535-537 Washington Street, Haverhill, Massachusetts (the “Property”), Sherry E. Perkins was not in the military service or otherwise entitled to the benefits of the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq. (the “Act”). It is further

ORDERED, ADJUDGED and DECLARED that the August 22, 2011 foreclosure sale of the Property is not invalid as a result of the lack of a judgment under the Act as to Sherry E. Perkins dated prior to the August 22, 2011 foreclosure sale of the Property. It is further

ORDERED, ADJUDGED and DECLARED that there is no cloud on Federal National Mortgage Association’s title to the Property as a result of the lack of a judgment under the Act as to Sherry E. Perkins dated prior to the August 22, 2011 foreclosure sale.

By the Court. (Foster, J).