This case was before the court on remand from Memorandum and Order Pursuant to Rule 1:28 issued by the Appeals Court on Dec. 18, 2008, in Dapkus v. Dapkus, 07-P-1385 (Appeals Court Decision). The Appeals Court decision affirmed in part, reversed in part, and vacated a portion of a judgment of this court which had dismissed Plaintiffs case based on statute of limitations grounds.
The case after remand was tried on June 23 and 24, 2012, and a decision of todays date has issued. In accordance with that decision, it is hereby
ADJUDGED and ORDERED that Plaintiff Robert Dapkus is entitled to the conveyance of property known as and numbered 64 G Street, South Boston (Locus), currently owned by Maura L. Burke, individually or as trustee of the 64 G Street Realty Trust u/d/t January 17, 2009 (hereinafter referred to in both capacities as Ms. Burke). [Note 2] It is further
ADJUDGED and ORDERED that not later than January 4, 2103, Defendant Eileen White-Dapkus (White-Dapkus), after review of public records and discussions with Ms. Burke or others, shall deliver to Plaintiff a written accounting detailing the outstanding balances, if any, due on the Taupa Mortgage loans and the amounts necessary to pay off any existing utility bills, including but not limited to, water, sewer, electric, and fuel, as well as outstanding real estate taxes; it is further
ADJUDGED and ORDERED that Defendant White-Dapkus (or Ms. Burke, if she and White-Dapkus have so agreed), shall forthwith pay off the balances, if any, due on the three mortgages referenced in the Decision to Taupa Lithuanian Federal Credit Union, and/or take such other actions as might be necessary to secure recordable discharges of the Taupa mortgages (or permit Plaintiff to secure a title insurance policy insuring marketability of title without exception for the Taupa mortgages) and deliver same to Plaintiff at the time of delivery of the deed; it is further
ADJUDGED and ORDERED that Ms. Burke shall convey Locus to Robert Dapkus, or his nominee designated to Ms. Burke in writing, by quitclaim deed, free and clear of all Ms. Burkes personal property and free and clear of record encumbrances including but not limited to, outstanding mortgages held of record by Taupa Lithuanian Federal Credit Union, a mortgage held by Douglas C. Kaake, recorded in Book 44896, at Page 191, as amended by Amendment recorded in Book 45579, at Page 270 and any real estate taxes due the City of Boston, as evidenced by a Municipal Lien Certificate to be obtained by Ms. Burke and recorded with the deed; it is further
ADJUDGED and ORDERED that if there are any tenants present on the date for delivery of the deed, all leases, tenancy-at-will agreements, security deposit accounts and other matters relating to any tenants shall be provided to Plaintiff at the time of delivery of the deed; it is further
ADJUDGED and ORDERED that the quitclaim deed shall be delivered to Robert Dapkus, or his nominee previously designated in writing, not later than February 15, 2013, with all usual adjustments between Ms. Burke as grantor and Robert Dapkus as grantee, time being of the essence; it is further
ADJUDGED and ORDERED that in the event of a dispute about the state of title between the parties to the conveyance, the dispute shall be resolved by reference to the REBA Title Standards; it is further
ADJUDGED and ORDERED that the failure of one party to fulfill her obligations hereunder shall not relieve the other party from her obligations hereunder; it is further
ADJUDGED and ORDERED that the lis pendens currently on record will remain until the deed referenced above is delivered, or until further order of this court or the Appeals Court; and it is further
ADJUDGED and ORDERED that no attorney fees are awarded to any party.
By the court (Scheier, C.J.)
[Note 1] On January 31, 2006, this court allowed Plaintiffs motion to substitute Defendants executrix, Eileen White-Dapkus, for Defendant, who died on July 10, 2002.
[Note 2] See Confirmatory deed dated October 2, 2009, recorded in Book 45579, at Page 268.