Sheasa R. Kenney and Lane M. Frank filed the Verified Complaint (Verified Complaint) in this action on September 12, 2016. The Verified Complaint has two counts: an action to try title under G.L. c. 240, ยงยง 1-5, and an action for declaratory judgment. Kenney and Frank filed their Amended Complaint (Amended Complaint) on December 8, 2016, which brings the same two counts as the Verified Complaint.
Daniel A. Brown and Lisa D. Oxboel filed Defendants Daniel A. Brown and Lisa D. Oxboel's Motion for Judgment on the Pleadings and to Dismiss for Lack of Subject Matter Jurisdiction on February 13, 2017 (Motion for Judgment on the Pleadings). The Joinder of Defendants U.S. Bank National Association and Mortgage Electronic Registration Systems, Inc., in Motion to Dismiss of Defendants, Daniel A. Brown and Lisa D. Oxboel was filed February 21, 2017. Kenney and Frank filed their Motion to Amend Complaint on February 21, 2017.
The Motion for Judgment on the Pleadings and the Motion to Amend Complaint came on to be heard on March 30, 2017, and were taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Motion for Judgment on the Pleadings and denied the Motion to Amend Complaint.
In accordance with the court's Memorandum and Order of even date, it is
ORDERED AND ADJUDGED that the Amended Complaint is DISMISSED with prejudice.
By the Court.
SHEASA R. KENNEY and LANE M. FRANK v. DANIEL A. BROWN, LISA D. OXBOEL, GOEFFREY BRENT BARKIN, HOMECOMINGS FINANCIAL NETWORK, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), COLLINS ASSET GROUP, LLC, and U.S. BANK NATIONAL ASSOCIATION.