The Plaintiff in this case, Bank of America, N.A. (BOA), filed a Verified Complaint on December 22, 2011, seeking to establish, through equitable subrogation, a superior lien position to a mortgage held by Defendant Diamond Financial, LLC (Diamond) on property located at 18 Eastwood Road, Shrewsbury, Massachusetts. Diamond and BOA cross-moved for summary judgment, [Note 1] and a hearing was hearing on August 6, 2013. On July 16, 2014, this court issued a Summary Judgment Decision, determining on the basis of the material undisputed facts demonstrated in the summary judgment filings that BOA is entitled to equitable subrogation of its mortgage to the lien priority position of the $330,368.29 mortgage lien paid off by BOAs predecessor in interest.
Accordingly, in accordance with the July 16, 2014 Summary Judgment Decision, it is hereby
ADJUDGED, ORDERED and DECLARED that the Plaintiff BOA is entitled to be equitably subrogated to the priority position of the mortgage originally recorded in the Worcester District Registry of Deeds at Book 34520, Page 185 as of the date and time the discharge of said mortgage was recorded at Book 40063, Page 370, but only to the extent of $330, 368.29;
And it is further
ORDERED that, upon payment of all required fees, the original of this Judgment, or a certified copy of this Judgment, may be recorded in the Worcester District Registry of Deeds.
[Note 1] Defendants Milton J. Miranda and Solange D. Miranda were defaulted pursuant to Mass. R. Civ. P. 55(a). United Bank, successor-in interest to the named Party in Interest, Commonwealth National Bank did not file anything in opposition to, or in support of, either motion for Summary Judgment.