Home THE BANK OF NEW YORK MELLON, Formerly Known As The Bank of New York, Trustee for the Certificate Holders of the CWABS, Inc. Asset-Backed Certificates, Series 2004-11 v. LORI G. CAIRNS.

MISC 17-000037

October 5, 2018

Worcester, ss.

PIPER, J.

JUDGMENT

On January 25, 2017, plaintiff the Bank of New York Mellon formerly known as The Bank of New York as Trustee for the Certificate Holders of the CWABS, Inc. Asset-Backed Certificates, Series 2004-11 ("Plaintiff") filed a complaint in this court seeking a writ of entry under G.L. c. 237 to recover property known as 16 Chalmers Road, Worcester, Massachusetts ("Property"), as to which Plaintiff professes to hold title pursuant to a mortgage foreclosure deed. Defendant Lori G. Cairns ("Defendant") is currently in possession of the Property, allegedly as a tenant of the prior owners and mortgagors.

This case came on to be heard on cross motions for summary judgment filed by both parties. After hearing and supplemental filings, in an order issued this day, the court (Piper, J.) has allowed the DefendantÂ’s motion for summary judgment and denied the Plaintiff's motion for summary judgment.

In accordance with the court's order, it is

ORDERED AND ADJUDGED that this case, in its entirety, as to all parties and claims, is DISMISSED. This dismissal is on the merits, but is without prejudice to Plaintiff bringing or pursuing an action for summary process pursuant to G.L. c. 239, §1 et seq. in a court with jurisdiction over such a cause of action. It is further

ORDERED AND ADJUDGED that no costs, fees, damages, awards or other sums, and no further relief, are awarded to any party.

By the Court.