This action commenced on August 7, 2017 with the filing of a complaint by plaintiff Roundpoint Mortgage Servicing Corporation, subsequently twice amended, seeking, through the assertion of six counts, the rescission of a sale ordered by the District Court Department of the Trial Court, Westfield Division ("the District Court"), to foreclose on a lien against a condominium unit created by G.L. c. 183A, § 6, or, alternatively, a declaration that the sale was subject to plaintiff's mortgage. Defendant Trustees of the Rosewood Estates Condominium Trust, by counterclaim, sought a declaration that the sale was valid and had the effect of terminating plaintiff's mortgage.
This case came on for hearing on Plaintiff's Motion For Summary Judgment and the Second Revised Motion For Summary Judgment By Defendant Dirt Road Realty, LLC, in which the defendant Trustees of the Rosewood Estates Condominium joined. Thereafter, the matter was stayed (Piper, J.) pending the results of plaintiff's motion, filed in the District Court, for relief from the judgment entered there. That motion having been denied by the District Court, and counsel for the parties, after hearing, having agreed that this court could act on the pending motions without further briefing or argument, the court (Roberts, J.) has determined in a decision of even date that judgment shall enter on Count I of the Second Amended Verified Complaint and on the Counterclaim declaring the parties rights and that judgment shall enter in favor of defendants on Counts II through VI of the Second Amended Verified Complaint.
In accordance with the courts decision, it is
ORDERED, ADJUDGED and DECLARED on Count I of the Second Amended Verified Complaint and on the Counterclaim that the judgment of the District Court Department of the Trial Court, Westfield Division, Docket No. 1444CV412, is binding on plaintiff Roundpoint Mortgage Servicing Corporation and that the sale of Unit D-8 of the Rosewood Estates Condominium pursuant to that judgment was free of plaintiffs mortgage.
It is further
ORDERED and ADJUDGED that Courts II through VI of the Second Amended Complaint are dismissed with prejudice.
It is further
ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties' claims in this case, and all prayers for relief by any party in this action which are not granted in the preceding paragraphs are denied.
It is further
ORDERED that no costs, fees, damages, or other amounts are awarded to any party.
By the Court.
ROUNDPOINT MORGAGE SERVICING CORPORATION v. DIRT ROAD REALTY, LLC, TRUSTEES OF THE ROSEWOOD ESTATES CONDOMINIUM TRUST, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF STEPHEN F. ZIEMBA, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF JANE M. ZIEMBA, and PAMELA KATSOUNAKIS.