This action, which commenced March 30, 2012 with the filing of a complaint by William T. Barrasso, Jr., seeks, inter alia, to quiet title, G. L. c. 240, §§ 6-10, to plaintiffs property in Peabody, Essex County, Massachusetts, which he claims is clouded by record mortgages, the holders of which are unclear. The defendants, all banking entities that either claim to hold or to have held, or to be the servicer of the mortgages, seek a determination that the chain of title of the mortgages is clear and determinable, and seek a declaration that the mortgages do not constitute an improper cloud on the plaintiffs title.
This case came on for hearing on defendants motion for summary judgment. In a decision of even date, the court (Speicher, J.) has determined that judgment enter in favor of the defendants on all counts.
In accordance with the courts decision issued today, it is
ORDERED, ADJUDGED, and DECLARED that defendant U.S. Bank, N.A., as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates Series 2007-SP2, is the holder of the mortgage (first mortgage), granted by William T. Barrasso, Jr. on September 16, 2005 to New Century Mortgage Corporation, securing a note in the original principal amount of $211,200.00, and recorded October 26, 2005 with the Essex South District Registry of Deeds (Registry) in Book 24996, at Page 521. It is further
ORDERED, ADJUDGED, and DECLARED that defendant Deutsche Bank National Trust Co., as Trustee for New Century Home Equity Loan Trust Series 2005-C, Asset-Backed Pass-Through Certificates, is the holder of the mortgage (second mortgage), granted by William T. Barrasso, Jr. on September 16, 2005 to New Century Mortgage Corporation, securing a note in the original principal amount of $52,800.00, and recorded October 26, 2005 with the Registry in Book 24996, at Page 543. It is further
ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties claims in this case, and all prayers for relief by any party in this action which are not granted in the preceding paragraphs are DENIED. It is further
ORDERED that no costs, fees, damages, or other amounts are awarded to any party.
By the Court.
WILLIAM T. BARRASSO, JR. v. NEW CENTURY MORTGAGE CORPORATION; BANK OF AMERICA, NA as Successor-by-Merger to LaSalle Bank, N.A., as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates Series 2007-SP2; DEUTSCHE BANK NATIONAL TRUST CO., as Trustee for New Century Home Equity Loan Trust Series 2005-C, Asset-Backed Pass-Through Certificates; OCWEN LOAN SERVICING, LLC; and U.S. BANK, N.A., as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates Series 2007-SP2.