Count III of plaintiffs complaint in this action is a claim for writ of entry seeking relief in the nature of a writ of seisin and further seeking an award of damages for rents and profits pursuant to G. L. c. 237, §12. Accordingly, after the courts decision a status conference was held on January 6, 2016 to schedule an evidentiary hearing on the issue of damages. However, upon further review following the status conference the court has determined that such damages for rents and profits are not available to a mortgagee bringing an action pursuant to G. L. c. 237. Specifically, G. L. c. 237, §44 provides as follows:
The provisions of this chapter relative to rents and profits to be recovered, an allowance for improvements made on the land demanded and the value of the land without the improvements shall not apply to an action brought by a mortgagee, his heirs or assigns, against a mortgagor, his heirs or assigns, for the recovery of the land mortgaged.
Accordingly, no damages for rents or profits will be awarded in this action, the decision dated December 23, 2015 is amended accordingly, and judgment is to enter in accordance with the decision as amended herein.