Plaintiff Overlook Properties, LLC (Plaintiff) initiated this action on September 24, 2015, seeking a declaratory judgment pursuant to G. L. c. 231A, § 1 as to the validity and enforcement of two mortgages secured by the property located at 817 Washington Street in Braintree (Locus). Plaintiff seeks to foreclose on both mortgages. Defendants Braintree Co-operative Bank and Brian J. Gotta, President of Ye Olde Garrison, Inc., holder of two subsequent mortgages secured by Locus, allege Plaintiffs mortgages were previously discharged by operation of the obsolete mortgage statute, G. L. c. 260, § 33.
On October 30, 2015, Defendants filed a motion to dismiss for failure to state a claim, pursuant to Mass. R. Civ. P. 12(b)(6). A hearing on the motion was held on December 9, 2015, at which all parties were heard. As noted in this courts order of todays date, the court treated Plaintiffs motion as one under Mass. R. Civ. P. 12 (c) because the complaint sought declaratory relief, and the motion to dismiss went to the merits of the case. It is hereby
ADJUDGED, ORDERED and DECLARED that the following two mortgages held by Plaintiffs were discharged by operation of law on September 1, 2005:
1. A commercial real estate mortgage recorded with the Norfolk County Registry of Deeds (Registry) on June 26, 1987, in Book 7636, at Page 65; and
2. A commercial real estate mortgage recorded with the Registry on March 8, 1989, in Book 8256, at Page 194; and it is further
ORDERED that upon the payment of the appropriate recording fees, an attested copy of this judgment may be filed with the Norfolk County Registry of Deeds and marginally referenced as appropriate.
By the court