JOHN F. ZULLO v. HMC ASSETS, LLC, as TRUSTEE for CAM III TRUST v. DLJ MORTGAGE CAPITAL, INC.

John F. Zullo (Zullo) filed his Complaint in this action on July 25, 2016, naming HMC Assets, LLC as Trustee for CAM III Trust (HMC) as defendant. The Complaint seeks declarations with respect to a note given by Zullo to Lime Financial Services, LTD (Lime), dated February 20, 2007 (Note), for a loan for the purchase of property at 51 Claypit Hill Road in Wayland (Property), and a mortgage on the Property given by Zullo to Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for Lime securing the Note, noted as Document No. 1438078, on certificate of title number 236444, Book 1317, Page 140, issued by the Middlesex (South) County Registry District (Mortgage), later assigned to DLJ Mortgage Capital, Inc. (DLJ). On June 4, 2014, HMC sent Zullo a notice of foreclosure sale pursuant to G.L. c. 244, § 14 (Notice of Sale).

On August 18, 2016, HMC filed its Answer and Third Party Complaint against DLJ as third-party defendant. On November 14, 2016, HMC filed its Request for Default pursuant to Mass. R. Civ. P. 55(a) on Defendant DLJ and the default of DLJ was entered.

On November 14, 2016, HMC moved for summary judgment. On November 25, 2016, HMC filed its Request for Judgment by Default against Third Party Defendant DLJ. On December 19, 2016, Zullo filed his opposition to the motion for summary judgment and also moved for summary judgment. On December 28, 2016, HMC replied to Zullo's opposition to its motion for summary judgment, moved to vacate the entry of default against DLJ and for endorsement of an agreement for judgment by and between HMC and DLJ. On January 4, 2017, the Motion for Summary Judgment and Motion to Vacate Default and to Endorse Agreement for Judgment came to be heard, at which time the default against DLJ was removed by the court and the motions were taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) allowed Zullo's Motion for Summary Judgment and denied HMC's Motion for Summary Judgment.

In accordance with the court's Memorandum and Order of even date, it is

ORDERED, ADJUDGED and DECLARED that as of the date of the Notice of Sale, HMC did not hold the Note and was not acting on behalf of the holder of the Note. It is further

ORDERED, ADJUDGED and DECLARED that as of the date of the Notice of Sale, HMC held the Mortgage. It is further

ORDERED and ADJUDGED that the third party complaint is DISMISSED WITHOUT PREJUDICE.

By the Court.