Home U.S. BANK NATIONAL ASSOCIATION, as Trustee for MASTR Asset Backed Securities Trust 2007-HE2 v. JEANNE A. GOLRICK

MISC 17-000401

January 2, 2018

Franklin, ss.

VHAY, J.

JUDGMENT

In this action, plaintiff U.S. Bank National Association, as Trustee for MASTR Asset Backed Securities Trust 2007-HE2, sought to quiet its title to the property known as 9-11 West Main Street, Montague, Massachusetts (the “Property”), through a declaration that defendant Jeanne A. Golrick was not entitled to the protections of the Servicemembers’ Civil Relief Act, 50 U.S.C. App. §§ 501 et seq. (“SCRA”), when the Bank foreclosed on the Property. The Bank subsequently recorded a foreclosure deed in the Franklin County Registry of Deeds in Book 6994, Page 261.

After U.S. Bank filed suit, Ms. Golrick counterclaimed against the Bank, seeking to quiet her title to the Property, and challenged U.S. Bank’s standing to bring this action. She also contended that the Bank’s foreclosure is invalid because the Bank failed to obtain a SCRA judgment prior to foreclosing.

This matter came before the Court on U.S. Bank’s motion for summary judgment. In accordance with this Court’s Decision issued today, in light of the undisputed facts and arguments of the parties, this Court GRANTS U.S. Bank’s Motion for Summary Judgment. The Court thus ORDERS, ADJUDGES and DECREES that:

A. Jeanne A. Golrick is not entitled to the protections of the Servicemembers’ Civil Relief Act, 50 U.S.C. App. §§ 501 et seq., in connection with U.S. Bank National Association’s, as Trustee for MASTR Asset Backed Securities Trust 2007-HE2, efforts to foreclose on the property known as 9-11 West Main Street, Montague, Massachusetts, title to which is described in a foreclosure deed recorded in the Franklin County Registry of Deeds in Book 6994, Page 261 (the “Property”).

B. U.S. Bank National Association, as Trustee for MASTR Asset Backed Securities Trust 2007-HE2, was not required to obtain a judgment concerning Ms. Golrick’s status under the Servicemembers’ Civil Relief Act prior to foreclosing on the Property.

The Court further ORDERS and ADJUDGES that Jeanne A. Golrick’s counterclaims be DISMISSED, with prejudice.

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.