Home THOMAS HARRINGTON v. CENLAR FSB

MISC 16-000013

April 6, 2018

Plymouth, ss.

SCHEIER, J.

JUDGMENT.

Plaintiff Thomas Harrington (Plaintiff) initiated this action on January 7, 2016, seeking to compel Defendant Cenlar FSB to try title pursuant to G. L. c. 240, §§ 1–5. Plaintiff alleged Defendant's mortgage, recorded with the Registry in Book 32836, at Page 3 (Mortgage), on property located at 801 Federal Furnace Road in Plymouth became obsolete on or around January 9, 2014, under the provisions of G. L. c. 260, § 33 (Obsolete Mortgage Statute). Plaintiff also alleged, alternatively, the Mortgage became unenforceable pursuant to G. L. c. 106, § 3-118, after the six-year statute of limitations passed.

A Decision Granting Defendant's Motion for Summary Judgment has issued today. In accordance with that Decision, it hereby is

ADJUDGED and ORDERED that Defendant Cenlar FSB's motion for summary judgment is ALLOWED, and Plaintiff's complaint is DISMISSED; It is further

ADJUDGED and ORDERED that a copy of this Judgment may be recorded with the Registry and marginally referenced as appropriate.

By the court.