Home CITIBANK, N.A., AS TRUSTEE FOR AMERICAN HOME MORTGAGE ASSETS TRUST 2006-3, MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-3 v. DAVID GLOWACKI and ELLEN GLOWACKI.

MISC 12-469108

January 7, 2016

Nantucket, ss.

SPEICHER, J.

JUDGMENT

This action, which commenced August 16, 2012 with the filing of a complaint by Citibank, N.A., as Trustee For American Home Mortgage Assets Trust 2006-3, Mortgage- Backed Pass-Through Certificates, Series 2006-3 (“Citibank”), asserting claims to quiet title pursuant to G. L. c. 240, §6, for declaratory judgment pursuant to G. L. c. 231A, and seeking relief in the nature of a writ of seisin pursuant to G. L. c. 237, all with respect to the foreclosure on March 7, 2012 by Citibank of property of the defendants at 35 Crest Drive, Nantucket, Nantucket County (“Property”).

This case came on for hearing on defendants’ Renewed Motion for Summary Judgment. In a decision dated December 23, 2015, as amended by an amendment to the decision of even date, the court (Speicher, J.) has determined that judgment shall enter in favor of the plaintiff on all counts.

In accordance with the court’s decision, as amended, it is

ORDERED and ADJUDGED, on Count I of the complaint, that Citibank complied with the requirements of G. L. c. 183, §21 and G. L. c. 244, §14 and effectively and lawfully foreclosed on defendants David Glowacki and Ellen Glowacki’s equity of redemption and their right, title and interest in and to the Property.

It is further

ORDERED, ADJUDGED, and DECLARED, on Count II of the complaint, that Citibank complied with the requirements of G. L. c. 183, §21 and G. L. c. 244, §14 and effectively and lawfully foreclosed on defendants David Glowacki and Ellen Glowacki’s equity of redemption and their right, title and interest in and to the Property, and that Citibank has title to the Property in fee simple as of the March 7, 2012 foreclosure sale.

It is further

ORDERED and ADJUDGED, on Count III, that this Judgment shall constitute a Writ of Seisin pursuant to G. L. c. 237, §37, which, when executed, shall entitle Citibank to immediate possession of the Property and shall require the defendants David Glowacki and Ellen Glowacki to vacate the Property immediately, provided that execution on such Writ shall not be made before thirty (30) days after the date of this Judgment.

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.