This action commenced August 1, 2013 with the filing of a complaint by OneWest Bank, F.S.B., the holder of a mortgage on property at 201 Bristol Avenue, Hyannis (the Property). Plaintiff seeks a judgment declaring language in a mortgage on the Property, securing a reverse mortgage loan to the deceased Estelle Viirre, to be sufficient to comply with the requirements of the Statutory Power of Sale in G. L. c. 183, §21. The mortgage (hereinafter, the Mortgage) was recorded with the Barnstable Registry District of the Land Court (Registry) on October 26, 2005 as Document No. 1016956 and was noted on Certificate of Title No. 132339.
This case came on for hearing on plaintiffs motion for summary judgment, which was not opposed by the defendants. In a decision of even date, the court (Speicher, J.) has determined that judgment enter in favor of the plaintiff on the sole count of the amended complaint.
In accordance with the courts decision issued today, it is
ORDERED, ADJUDGED, and DECLARED that the language appearing in Paragraph 20 of the Mortgage, captioned Foreclosure Procedure, has the same force and effect as the Statutory Power of Sale found in G. L. c. 183, §21. Plaintiff may proceed with foreclosure and sale as if the mortgage contained the language of the Statutory Power of Sale in G. L. c. 183, §21, provided plaintiff otherwise complies with the requirements of the Statutory Power of Sale, the provisions of G. L. c. 244, §14, and other applicable provisions of law. 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.
ONEWEST BANK, FSB v. HEIRS, DEVISEES, LEGAL REPRESENTATIVES OF ESTELLE VIIRRE, A/K/A ESTELLE VIRRE; CHARLES M. SABATT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ESTELLE VIIRRE; WAYNE VIRRE; RONALD CORNWELL; BARRY CORNWELL, and JUNE (CORNWELL) NISKALA.