This case commenced on June 21, 2007 with the filing of the verified complaint by plaintiff Select Portfolio Servicing, Inc., as agent for U.S. Bank National Association (SPS). Defendants Nancy M. Needel and Peter Needel (the Needels) filed their answer and counterclaim on July 16, 2007. On April 22, 2009, the Court (Trombly, J.) issued its Decision Allowing-In-Part and Denying-In-Part Plaintiffs Motion for Partial Summary Judgment and Denying Defendants Cross-Motion for Summary Judgment (the Summary Judgment Order).
This case came on for trial by the court (Foster, J.), which, in a decision of March 7, 2012, made findings of fact and rulings of law. The amended judgment entered on March 14, 2012.
The Appeals Court issued its Memorandum and Order Pursuant to Rule 1:28 on May 10, 2013, remanding this action on the sole issue of whether the Needels loan was among those assigned to U.S. Bank National Association. Select Portfolio Servicing, Inc. v. Needel, No. 12-P- 757, 83 Mass. App. Ct. 1130 (May 10, 2013) (Memorandum and Order).
This case came on for trial after remand by the court (Foster, J.), which, in a decision of even date, has made findings of fact and rulings of law.
In accordance with the Summary Judgment Order, the court's March 7, 2012 decision, and the courts decision of even date, it is
ORDERED and ADJUDGED that the mortgage given to New Century Mortgage Corporation, dated November 5, 2001 and recorded in the Middlesex South Registry of Deeds (Registry) at Book 34063, Page 154, is subrogated to the mortgage given to Full Spectrum Lending, Inc., recorded in the Registry at Book 32129, Page 168 (Full Spectrum Mortgage), in the amount of $1,026,415.90 (representing $443,392.04 in principal, $487,479.72 in accrued interest, and $95,544.14 in escrow advances), and that said amount is secured by the mortgagees title, as to the interests of both defendants, of the Full Spectrum Mortgage. It is further
ORDERED and ADJUDGED that, Counts I and II of the verified complaint are DISMISSED with prejudice. It is further
ORDERED and ADJUDGED that, the counterclaim is DISMISSED with prejudice. It is further
ORDERED that no fees, costs, or other amounts are awarded to any party.