READYCAP LENDING, LLC, v. DONNA L. ALEXANDER and JAMES ALEXANDER

In this action, plaintiff ReadyCap Lending, LLC, sought a declaration against defendants Donna and James Alexander concerning the priority of interests in a property Donna owns at 15 Piccadilly Way in Westborough, Massachusetts (the "Property"). Donna and James acquired estates of homestead in the Property through a declaration of homestead recorded by Donna in 2005 at the Worcester District Registry of Deeds (the "Registry") in Book 35521, Page 114. ReadyCap claims that its interest in a 2007 mortgage that includes the Property has priority over James and Donna's estates of homestead. ReadyCap's mortgage is recorded with the Registry in Book 41382, Page 369.

Donna conceded in this action that ReadyCap's mortgage takes priority over her estate of homestead, on account of a release contained in the mortgage document. The Alexanders nevertheless argued that James's estate of homestead continues to have priority over ReadyCap's mortgage.

ReadyCap moved for summary judgment as to Count I of its Complaint on September 29, 2017. (ReadyCap's motion states that if it prevailed on Count I of its Complaint, Count II would be moot and could be dismissed.) The Court held a hearing on ReadyCap's motion on December 15, 2017. In accordance with this Court's Decision this same date, in light of the undisputed facts and the arguments of counsel, this Court

ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of plaintiff ReadyCap Lending, LLC, and AGAINST defendants Donna L. Alexander and James Alexander.

B. Pursuant to G. L. c. 188, § 9, as adopted in St. 2010, c. 395, ReadyCap Lending, LLC's interest in 15 Piccadilly Way in Westborough, Massachusetts, as set forth in a mortgage recorded with the Worcester District Registry of Deeds in Book 41382, Page 369, has priority over Donna L. Alexander and James Alexander's estates of homestead pursuant to the declaration of homestead recorded with the Registry in Book 35521, Page 114.

C. Count II of ReadyCap Lending, LLC's Complaint is DISMISSED as moot.

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.

SO ORDERED.