This action commenced on October 12, 2017, as an action seeking to expunge two mortgage assignments from the petitioners' certificate of title. Following the denial of the petitioners' motion for preliminary injunctive relief, the respondents filed motions to dismiss for failure to state a claim upon which relief may be granted pursuant to Mass. R. Civ. P. 12(b)(6). The respondents' motions came on for hearing before the court (Speicher, J.) on October 17, 2018. In a decision of even date, the court has made rulings of law and ALLOWED the motions to dismiss. In accordance with the court's decision, it is
ORDERED and ADJUDGED and DECLARED that the respondent Deutsche Bank National Trust Company, as Trustee for the Certificate Holders of Soundview Home Loan Trust 2005-Opt4, Asset-Backed Certificates, Series 2005-Opt 4 ("Deutsche Bank") was the holder of the mortgage encumbering the petitioners' property prior to and at the time of the filing of the petitioners' Petition to Amend Certificate of Title and demonstrated a clean and unbroken chain of assignments to that effect; and it is further
ORDERED and ADJUDGED that petitioners' Petition to Amend Certificate of Title is DISMISSED; and it is further
ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense; and it is further
ORDERED that upon payment of all required fees, a certified or attested copy of this Judgment may be registered with the Nofolk County Registry District of the Land Court and noted on the applicable certificate of title; and it is further
ORDERED that, upon filing of a motion for costs properly supported by affidavit and documentation, the respondents shall be entitled to an award of costs.
By the Court
ROBERT F. GUSTIN, JR. and ELIZABETH A. DORIS GUSTIN v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF SOUNDVIEW HOME LOAN TRUST 2005-OPT4, ASSET-BACKED CERTIFICATES, SERIES 2005-OPT 4 and OPTION ONE MORTGAGE CORPORATION.