This action, which commenced November 14, 2012 with the filing of a complaint by Bruce Nutting and Michele M. Nutting, asserts a petition to try title pursuant to G. L. c. 240, §§1-5, with respect to the foreclosure of their property at 134 Old Ocean Street, Marshfield, Plymouth County, Massachusetts. (Property) The defendants seek a determination that the plaintiffs are prohibited from claiming any defect in the foreclosure procedure or in the title of the foreclosure deed grantee.
This case came on for hearing on defendants motion to dismiss and plaintiffs cross- motion to dismiss counterclaim. In a decision of even date, the court (Speicher, J.) has determined that judgment shall 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 Nationstar Mortgage, LLC (Nationstar) was the holder of a first mortgage (the Mortgage) on the Property at all times from August 17, 2011, through and including the foreclosure sale of the Property on November 14, 2012, that Nationstar was duly authorized by the owner of the promissory note secured by the Mortgage to conduct the foreclosure sale on its behalf, and that the foreclosure deed granting the Property to Federal National Mortgage Association conveyed title free and clear of any claim of the plaintiffs Bruce Nutting and Michele M. Nutting. It is further
ORDERED and ADJUDGED that plaintiffs First Amended Petition to Try Title Pursuant to G. L. c. 240, §§1 5, is hereby DISMISSED WITH PREJUDICE. 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.