M&T Bank (M&T) filed its verified complaint in this action on November 20, 2012, and its first amended complaint on December 4, 2012 (complaint). M&Ts complaint seeks a declaration that the foreclosure by U.S. Bank National Association as Trustee for Wachovia Loan Trust Series 2006-AMN1 (U.S. Bank) of the mortgage given by Lisardo A. Murillo (Murillo) on the property at 79 Derby Street, Somerville, Middlesex County, Massachusetts (Property) is valid, and that the subsequent sale of the Property to Matthew J. Kidd (Kidd) and mortgage given on the Property to M&T are both valid. Kidd filed his answer and counterclaim to the first amended complaint on February 4, 2013 and his amended counterclaim on September 30, 2013. Murillos default was entered on February 7, 2013. M&T and U.S. Bank filed their Joint Motion for Summary Judgment on October 11, 2013. M&T filed its Motion to Dismiss Amended Counter-Claim (Motion to Dismiss) on October 15, 2013.
The Joint Motion for Summary Judgment and the Motion to Dismiss both came on to be heard on December 6, 2013. In a decision of even date, the court (Foster, J.) has allowed the Joint Motion for Summary Judgment and the Motion to Dismiss.
In accordance with the courts decision issued today, it is
ORDERED, ADJUDGED and DECLARED that the foreclosure of the mortgage given by Murillo on the Property and dated May 31, 2006 and recorded in the Middlesex South District Registry of Deeds (registry) at Book 47549, Page 338 on June 1, 2006 (Murillo Mortgage), was proper and title to the Property passed to U.S. Bank pursuant to the terms of the foreclosure deed dated December 16, 2007, and recorded in the registry at Book 50734, Page 358 on February 19, 2008. It is further
ORDERED, ADJUDGED and DECLARED that the foreclosure of the Murillo Mortgage was proper and title to the Property passed to Kidd pursuant to the terms of the quitclaim deed dated June 11, 2008, and recorded in the registry at Book 51328, Page 186 on June 19, 2008. It is further
ORDERED, ADJUDGED and DECLARED that M&T has a valid mortgage on the Property as described in the mortgage dated June 16, 2008, and recorded in the registry at Book 51328, Page 188 on June 19, 2008. It is further
ORDERED AND ADJUDGED that count II of Kidds amended counterclaim is DISMISSED with prejudice. It is further
ORDERED AND ADJUDGED that counts I, III, IV, and V of Kidds amended counterclaim are DISMISSED without prejudice.