Plaintiff filed its unverified Complaint on April 14, 2011, pursuant to G.L. c. 240 §§ 6-10 and G.L. c. 231A, seeking to remove cloud on title and seeking a declaration that any lien held by Defendant Discover Bank, NA ("Discover") on property located at 68 Sheldon Street, Lowell, Massachusetts ("Locus") is junior to any lien on Locus held by Plaintiff. A case management conference was held on June 21, 2011, at which only Plaintiff appeared. A status conference was held on September 20, 2011, at which only Plaintiff appeared. On May 7, 2012, Plaintiff filed its Motion for Summary Judgment, together with supporting memorandum and Affidavit of David Glod, Esq. Another status conference was held on May 22, 2012, at which only Plaintiff appeared. A hearing on Plaintiff's Motion for Summary Judgment was held on July 9, 2012, and the matter was taken under advisement. None of Defendants appeared at the summary judgment hearing. On July 10, 2012, Plaintiff filed a Motion to Default all Defendants, and default was entered on the same date against all Defendants. A decision of today's date has been issued (the "Decision"). In accordance with the Decision, it is hereby:
ORDERED and ADJUDGED that a mortgage granted to Mortgage Electronic Registration Systems, Inc. ("MERS") by Defendants Hoeun Chan and Noeun Oum dated July 19, 2006 (the "Chan/Oum Mortgage") was never extinguished via a foreclosure auction of Locus on March 10, 2008, at which Defendant U.S. Bank, NA as Trustee ("U.S. Bank") was the highest bidder, and it is still an encumbrance upon Locus.
ORDERED and ADJUDGED that a deed to Defendant Mom Nop ("Nop") from U.S. Bank dated June 5, 2008 (the "Nop Deed") assigned the Chan/Oum Mortgage to Nop.
ORDERED and ADJUDGED that via a mortgage granted to MERS by Nop dated June 17, 2008 (the "Nop Mortgage"), Nop assigned the Chan/Oum Mortgage (Nop's only interest in Locus) to MERS, Plaintiff's predecessor.
ORDERED and ADJUDGED that Plaintiff is the holder of the Chan/Oum Mortgage.
ORDERED and ADJUDGED that to the extent that an execution, issued on February 25, 2010, in favor of Discover that attached all "real or personal property" of Nop (the "Execution"), levied against any interest in real or personal property held by Nop, such lien is junior to the Chan/Oum Mortgage that is held by Plaintiff.
ORDERED and ADJUDGED that Plaintiff's Motion for Summary Judgment is ALLOWED.
By the court. (Sands, J.)