NIEN-HIS HSU v. JOHN-PING HSU

This action commenced on May 14, 2003, as an action in which the plaintiff seeks a declaratory judgment to establish his sole legal title to property at 20 Howard Road in Maynard, Middlesex County (the "Property"). A default judgment was entered against the defendant in 2006. On May 23, 2017, the court allowed the defendant's motion for relief from judgment with respect to Counts I and II of the complaint only (relief from judgment was not granted with respect to Counts III, IV and V). The case came on for trial by the court (Speicher, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED, ADJUDGED and DECLARED that on Count I of the Complaint for Declaratory Relief, the defendant Jong-Ping Hsu holds his joint tenancy in the Property, which originated with a deed dated May 26, 1979, and recorded with the Middlesex South District Registry of Deeds in Book 13702, Page 602, in a resulting trust for the benefit of the plaintiff Nien-Hsi Hsu; judgment is hereby entered for the plaintiff, and plaintiff is hereby declared to have good, clear and marketable title to the Property free of any claim to right, title or interest by the defendant Jong-Ping Hsu, or any successors in interest or persons or entities claiming rights by, through or under him; and it is further

ORDERED and ADJUDGED that Count II of the Complaint for Declaratory Judgment is hereby 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 after payment of all applicable fees, a certified copy of this Judgment may be recorded with the Middlesex South District Registry of Deeds with appropriate marginal references.