Home DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Carrington Mortgage Loan Trust, Series 2005-NC5, Asset Backed Pass-Through Certificates, v. VIRAK PICHCHINTRA KIMKHNAL and CACH LLC.

MISC 16-000643

November 6, 2017

Middlesex, ss.



In this action, plaintiff Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust, Series 2005-NC5, Asset Backed Pass-Through Certificates (the "Trustee"), seeks to quiet title in and to a property located at 616-618 Stevens Street in Lowell, Massachusetts (the "Property"), and to have this Court declare its foreclosure on that the Property in 2011 was valid and proper, and that by virtue of a foreclosure deed, the Trustee is the owner of the Property.

The Trustee named and served two defendants in this action. The first defendant is CACH LLC. On June 23, 2017, the Court allowed the Trustee's motion to default CACH LLC for failing to appear in this action or answer the Trustee's Verified Complaint to Validate Foreclosure. The Trustee subsequently moved for entry of a default judgment against CACH. The Court allowed that motion on June 23, 2017.

The second defendant is Virak Pichchintra Kimkhanal. On November 21, 2016, Ms. Kimkhanal filed with the Court a suggestion of bankruptcy. On March 22, 2017, the Trustee informed the Court that the Trustee had obtained relief from the automatic bankruptcy stay and had been given leave to pursue this action. Ms. Kimkhanal subsequently answered the Trustee's Verified Complaint.

This matter came before this Court on the Trustee's motion for summary judgment against Ms. Kimkhanal. In accordance with this Court's Decision issued today, in light of the undisputed facts and arguments of counsel, this Court GRANTS the Trustee's Motion for Summary Judgment dated September 21, 2017. The Court thus


A. The Trustee is the assignee of a mortgage granted by Virak Pichchintra Kimkhnal to The New York Mortgage Company, LLC, dated April 29, 2005, recorded with the Middlesex County (Northern District) Registry of Deeds (the "Registry") in Book 18688, Page 1. That mortgage identifies the mortgaged Property as 616- 618 Stevens Street, Lowell, Massachusetts (the "Property").

B. The Trustee caused a valid foreclosure sale to be conducted at the Property on June 29, 2011. The Trustee was the successful bidder at that sale.

C. The Trustee's Foreclosure Deed, recorded in the Registry in Book 25427, Page 164, is valid.

D. Since obtaining the Foreclosure Deed, the Trustee is the true and lawful owner of the Property, subject to any encumbrances of record.

Upon payment of all required fees, a certified or attested copy of this Judgment may be recorded at the Registry and marginally referenced on all relevant documents.