Wayne E. Mitchell and Sharon Mitchell (Mitchells) filed their Complaint in this action on November 5, 2012, naming as defendants U.S. Bank, National Association, as Trustee for RASC 2006-EMX4 (U.S. Bank), Mortgage Electronic Registration Systems, Inc. (MERS), and Wells Fargo Bank, N.A. d/b/a America's Servicing Company (Wells Fargo). The Mitchells' Complaint was a petition to try title under the Try Title Statute, G.L. c. 240, §§ 1-5. U.S. Bank as Trustee appeared and filed a counterclaim under the Try Title Statute.
The Mitchells and U.S. Bank as Trustee both claimed ownership to the property located at 547 Washington Street in Winchester (Property). On October 2, 2012, a public foreclosure sale was conducted at the Property, where U.S. Bank was the highest bidder. On November 20, 2012, U.S. Bank executed a foreclosure deed and mortgagee affidavit, which were recorded with the Southern Middlesex District Registry of Deeds (registry) on May 6, 2014 in Book 63581, Page 8 (Foreclosure Deed).
On January 4, 2013, the defendants moved to dismiss the Complaint. On February 11, 2013, the Mitchells filed their opposition to the motion to dismiss. The Motion to Dismiss came to be heard on February 26, 2013. On March 21, 2014, the court (Foster, J.) entered an Order allowing the Motion to Dismiss and Granting Leave to Amend the Complaint.
On April 3, 2014, the Mitchells filed their Second Amended Petition to Try Title Pursuant to G.L. c. 240, §§ 1-5. On May 7, 2014, the Respondents filed their Answer and Counterclaims to Second Amended Petition to Try Title Pursuant to G.L. c. 240, §§ 1-5. On May 13, 2014, the Mitchells filed their Answer and Affirmative Defenses to Respondents' Counterclaims. On May 27, 2014, the defendants filed a motion for judgment on the pleadings, and on August 1, 2014, filed a motion for reconsideration. On August 19, 2014, the Mitchells filed a motion to strike and on August 20, 2014, the Mitchells filed their opposition to the motion for reconsideration. On August 26, 2014, the Mitchells filed their opposition to the motion for judgment on the pleadings. The Motion for Judgment on the Pleadings, Motion for Reconsideration, and Motion to Strike came to be heard on August 27, 2014. On September 15, 2014, the court (Foster, J.) entered an Order denying the Motion for Judgment on the Pleadings, Motion for Reconsideration, and the Motion to Strike. In the September 15, 2014 order, the court determined that the Mitchells stated a claim under the Try Title Statute, G.L. c. 240, § 1.
On October 30, 2015, the defendants filed a motion for summary judgment. On December 4, 2015, the Mitchells filed their opposition to the motion for summary judgment. The Motion for Summary Judgment came to be heard on January 22, 2016. On October 14, 2016, the court (Foster, J.) entered a Memorandum and Order denying the Motion for Summary Judgment (Summary Judgment Order). The case then came on for trial on February 8, 2017. The parties filed their post-trial briefs on April 18, 2017 and closing arguments were heard on May 17, 2017. In a Decision of even date, the court (Foster, J.) the court has made findings of fact and rulings of law.
In accordance with the court's Summary Judgment Order of October 14, 2016, and its Decision of even date, it is
ORDERED, ADJUDGED and DECLARED that the Mitchells hold no title to the Property. It is further
ORDERED, ADJUDGED and DECLARED that U.S. Bank holds clear, superior, record title to the Property by the Foreclosure Deed dated November 20, 2012, and recorded in the registry on May 6, 2014 in Book 63581, Page 8. It is further
ORDERED AND ADJUDGED that the Mitchells' Second Amended Petition to Try Title Pursuant to G.L. c. 240, §§ 1-5 is DISMISSED WITH PREJUDICE.
By the Court.
WAYNE E. MITCHELL and SHARON MITCHELL v. U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR RASC 2006-EMX4; U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; WELLS FARGO BANK, N.A. D/B/A AMERICA'S SERVICING COMPANY; MORTGAGE LENDERS NETWORK USA, INC.; RESIDENTIAL ASSET SECURITIES CORP.; and RESIDENTIAL FUNDING CORP.