Home ANN C. MCNEFF, as PERSONAL REPRESENTATIVE of the ESTATE of RALPH THOMAS CERRETANI v. THOMAS R. CERRETANI.

MISC 16-000327

September 12, 2018

Middlesex, ss.

SCHEIER, J.

JUDGMENT

Plaintiff Ann C. McNeff, as Personal Representative of the Estate of Ralph Thomas Cerretani (Plaintiff), initiated this action on June 15, 2016, against her brother, Thomas R. Cerretani (Defendant), seeking to set aside a deed purportedly signed by the father of both parties, Ralph Thomas Cerretani (Ralph). The deed purports to convey registered property located at 65 Forest Park Avenue in Billerica (Property) from Ralph to Defendant. As a result of the filing of the deed with the Middlesex North Registry District of the Land Court as Document 283094, on July 20, 2015, Defendant is the registered owner of the Property under Certificate of Title 42396, in Book 215, at Page 11.

A two-day trial was held in February, 2018, and this court issued a decision today, finding and holding that the signature on the deed is not that of Ralph T. Cerretani and therefore the deed is void and of no effect. In accordance with that decision, it hereby is

ADJUDGED and ORDERED the deed dated November 14, 2014, by which Ralph T. Cerretani purportedly conveyed the Property to Thomas R. Cerretani, filed with the Middlesex North Registry District of the Land Court on July 20, 2015, as Document 283094, was forged and therefore a nullity; it is further

ADJUDGED and ORDERED that Certificate of Title 42396, in Book 215, at Page 11, standing in the name of Thomas R. Cerretani is a nullity; and it is further

ORDERED a copy of this Judgment shall be filed with the Assistant Recorder of the Middlesex North Registry District. A notation of this Judgment shall be made on Certificate of Title 43296 and it will be cancelled and the former Certificate of Title 16594 shall be revived. Thereafter, no documents are to be accepted against the revived certificate until further order of the Land Court or the approval of documents by the Chief Title Examiner of the Land Court.

By the Court.