Plaintiff George K. Morris, Trustee of 24-26 George Moreland Trust, filed his unverified Complaint on September 29, 2011, pursuant to G. L. c. 231A and G. L. c. 240, § 6, seeking a declaratory judgment and to remove a cloud on title with respect to property located at 24-26 Moreland Street, Dorchester, Suffolk County, Massachusetts (the Disputed Parcel). On October 26, 2011, Defendant Fitzhur Brown a/k/a Lee Brown (Brown), filed his Answer. Defendant Micah S. Williams (Williams) filed his Answer on November 23, 2011. A case management conference was held on December 21, 2011. On July 13, 2012, Plaintiff filed a Motion for Dismissal of Action against Defendant Tracy Hudson, which was allowed on August 7, 2012. A pre-trial conference was held on August 5, 2013. A one-day trial was held at the Land Court on October 9, 2013. At the commencement of the trial, Plaintiff expressed an intent to file a Motion to Dismiss Complaint Against Micah S. Williams. [Note 2] On October 18, 2013, Plaintiff filed a Motion to Admit Newly Discovered Evidence. Brown filed a Motion to Allow New Evidence on November 7, 2013. A hearing was held on both motions on November 12, 2013, and both motions were DENIED. Plaintiff filed his post-trial brief with this court on January 21, 2014. Pursuant to an Order of this Court dated January 24, 2014, Brown filed his post-trial brief on February 6, 2014; at that time the matter was taken under advisement. A Decision of todays date (the Decision) has been rendered. In accordance with the Decision it is:
ORDERED and ADJUDGED that Plaintiff has failed to establish that Patricia Brown was the sole Beneficiary of the Cole B. Realty Trust under a Declaration of Trust dated January 9, 1987, and recorded with the Suffolk County Registry of Deeds (the Registry) at Book 13320, Page 160 (the Realty Trust), or even one of many Beneficiaries capable of terminating the Realty Trust.
ORDERED and ADJUDGED that the deed from Patricia Brown to Michael Soremekun, dated April 23, 2009, and recorded with the Registry on April 30, 2009, at Book 44863, Page 50 (the Patricia Brown Deed) was not a valid transfer of the Disputed Parcel, and as a result, the Patricia Brown chain of title is invalid.
ORDERED and ADJUDGED that the Tracy Hutson chain of title is invalid.
ORDERED and ADJUDGED that Dorothy Essor (Essor), as Trustee, did not have authority to convey title to Sandra Brown (Sandra), and that Sandra had an obligation to inquire as to Essors actual authority, which she failed to do, making the conveyance of the Disputed Parcel through the deed from Essor to Sandra dated November 11, 2010, and recorded with the Registry on November 16, 2010, at Book 47184, Page 286 (the November 2010 Essor Deed) invalid.
ORDERED and ADJUDGED that the Williams chain of title is invalid.
ORDERED and ADJUDGED that the deed from Essor to Brown dated January , 2002, and recorded with the Registry on January 23, 2002, at Book 27854, Page 284 (First January 2002 Deed) was not a valid deed.
ORDERED and ADJUDGED that the confirmatory deed from Essor to Brown dated January 16, 2002, and recorded with the Registry on September 26, 2002, at Book 29442, Page 20 (Second January 2002 Deed) is not a valid deed.
ORDERED and ADJUDGED that the Brown chain of title is invalid.
ORDERED and ADJUDGED that Essor, as Trustee of the Realty Trust, still holds title to the Disputed Parcel, for the benefit of the beneficiaries of the Realty Trust.
[Note 1] Tracy Hudson was also known as Tracy Hutson. This decision shall refer to her as Tracy Hutson because she refers to herself as Tracy Hutson in the 2012 Hutson Release Deed, hereinafter defined.
[Note 2] This motion was filed on April 3, 2014 and was allowed on April 29, 2014. The motion was based on a release deed from Williams to Plaintiff dated September 16, 2013. Plaintiff was reprimanded at the trial by this court for withholding this information for three weeks prior to trial.