This action, which commenced May 17, 2013 with the filing of a complaint by Marie R. Darbouze, seeks, inter alia, a declaratory judgment, asserts a petition to try title pursuant to G. L. c. 240, §1, and seeks a determination of unlawful foreclosure in violation of G. L. c. 244, §14, all with respect to the foreclosure of her property at 7 Plenty Street in Billerica, Middlesex County, Massachusetts. The defendants, a banking entity claiming to hold the promissory note secured by a first mortgage on the plaintiffs property, a servicing entity claiming to have held the mortgage at the time of the foreclosure, and the grantee of the foreclosure deed, seek a determination that the plaintiff is prohibited from claiming any defect in the foreclosure procedure or in the title of the foreclosure deed grantee, as a result of a prior judgment in the Housing Court, which the defendants claim is binding on the plaintiff.
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 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 Mortgage Electronic Registration Systems, Inc. (MERS) was the holder of a first mortgage on plaintiffs property at 7 Plenty Street, Billerica, Middlesex County, Massachusetts (the Property) at all times from January 20, 2006, through and including the foreclosure sale of the Property on February 8, 2010, and that the foreclosure deed granting the Property to Gold Star Homes, LLC conveyed title free and clear of any claim of the plaintiff Marie R. Darbouze. It is further
ORDERED, and ADJUDGED, defendants MERSs and Deutsche Bank National Trust Co., Trustees counterclaim seeking judicial foreclosure is DISMISSED as moot. 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.
MARIE R. DARBOUZE v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., DEUTSCHE BANK NATIONAL TRUST COMPANY, as TRUSTEE, and GARY J. LITCHFIELD, Individually and as MANAGER OF GOLD STAR HOMES, LLC.