This action commenced on December 29, 2017, as an action seeking a declaratory judgment and seeking to expunge three mortgage assignments from the plaintiff's certificate of title. Following the denial of the plaintiff's motion for preliminary injunctive relief, the defendants filed a motion to dismiss for failure to state a claim upon which relief may be granted pursuant to Mass. R. Civ. P. 12(b)(6). The defendants' motion came on for hearing before the court (Speicher, J.) on July 3, 2018. In a decision of even date, the court has made rulings of law and ALLOWED the motion to dismiss. In accordance with the court's decision, it is
ORDERED, ADJUDGED and DECLARED on Count I of the Verified Complaint that the defendant U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Successor in Interest to Bank of America National Association, as Trustee, Successor by Merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-7AX ("U.S. Bank") was the holder of the mortgage encumbering the plaintiff's property prior to and at the time of the filing of the Verified Complaint and demonstrated a clean and unbroken chain of assignments to that effect, and was at the same time the holder of the promissory note secured by the mortgage; and it is further
ORDERED and ADJUDGED that Count II of the Verified Complaint, seeking to expunge three assignments of the mortgage encumbering the plaintiff's property from the certificate of title for the property, 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 Suffolk 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 defendants shall be entitled to an award of costs.
By the Court
MICHAEL F. GERMANO v. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Successor in Interest to Bank of America National Association, as Trustee, Successor by Merger to LaSalle Bank National Association, as Trustee for Morgan Stanley Mortgage Loan Trust 2007-7AX; and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.