Home GERARDO RAFFAELE v. BRUCE BARTOLINI, as Trustee for Bartolini Realty Trust, and ANDREW J. ROGERS, JR.

MISC 15-000332

July 9, 2018

Suffolk, ss.



This case was filed in this court by plaintiff Gerardo Raffaele ("Plaintiff") on August 25, 2015. In his complaint, Plaintiff requests the court declare a mortgage ("Bartolini Mortgage") granted by defendant Andrew Rogers, Jr. ("Defendant Rogers") to defendant Bruce Bartolini, Trustee of the Bartolini Realty Trust ("Defendant Bartolini")(collectively "Defendants") is a sham mortgage and unenforceable. The Bartolini Mortgage encumbered Defendant Rogers' undivided interest in a unit, Unit 201, ("Property") in condominium located in a building at 424 Massachusetts Avenue, Boston, [Note 1] of which Plaintiff on February 27, 2015 purchased Defendant Roger's undivided interest in the Property.

This case came on to be tried to the court (Piper, J.), which in a decision issued today has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED, ADJUDGED and DECLARED that the Bartolini Mortgage, dated March 22, 2005, recorded with the Registry in Book 37163, Page 133 is a valid encumbrance on Plaintiff's interest on the Property. The Bartolini Mortgage has not expired, was not granted without consideration, and is not a sham; the Bartolini Mortgage is not entitled to be declared unenforceable or invalid on those grounds. It is further

ORDERED and ADJUDGED that this Judgment disposes of the entire case; no further relief, and no costs, fees, damages, or other amounts, are awarded to any party. It is further

ORDERED that, after this Judgment becomes final, it, or a certified copy of it, may, upon payment of all fees required by law, be recorded in the Registry, and there may be referenced marginally on the record of the Bartolini Mortgage.

By the Court.


[Note 1] The Property is more fully described in a deed dated February 27, 2015, recorded on March 5, 2015 with the Suffolk Registry of Deeds ("Registry") in Book 54137, Page 96.