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.

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, Mortgage­Backed 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. 23lA, 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").

After a Judgment dated January 7, 2016, and an appeal, the case was remanded to this court for further proceedings in light of Federal Nat'l Mortg. Ass'n v. Marroquin, 477 Mass. 82 (2017), issued while the present action was on appeal. This case came on for such further hearing on Citibank's Renewed 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.

In accordance with the court's decision, it is

ORDERED and ADJUDGED, on Count I of the complaint, that Citibank failed to comply with Paragraph 22 of the Glowackis' mortgage, and accordingly, the subsequent foreclosure sale of the Property was void.

It is further

ORDERED, ADJUDGED, and DECLARED, on Count II of the complaint, that Citibank failed to comply with Paragraph 22 of the Glowackis' mortgage, and accordingly, the subsequent foreclosure sale of the Property was void.

It is further

ORDERED and ADJUDGED, on Count III, seeking a Writ of Seisin pursuant to G. L. c. 237, §37, said count is DISMISSED.

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.