MISC 17-000655

June 19, 2019

Essex, ss.



Plaintiff June Thornton ("June") commenced this action in November, 2017 seeking a declaration that a March 27, 1997 mortgage ("the Mortgage") granted by her and her former husband, Paul Thornton ("Paul"), on properties then owned by them and now owned by her at 18-24 School Street and 19-25 Second Street, North Andover, Massachusetts must be discharged because the March 27, 1997 note ("the Note") that the Mortgage secured is unenforceable, and the Mortgage is therefore no longer enforceable either. In January, 2018, Paul's brother and the defendant herein, Gordon Thornton ("Gordon"), the holder of the Note and Mortgage, filed an answer and counterclaims in which he asserted claims against June for unjust enrichment and "bad faith."

This case came on for hearing on Plaintiff's Motion For Summary Judgment. After hearing and consideration of supplemental materials filed by the parties, the court has determined in a decision of even date that judgment shall enter on June's complaint declaring the parties' rights and that judgment shall enter on Gordon's counterclaims dismissing the counterclaim for unjust enrichment as moot and dismissing the counterclaim for "bad faith" pursuant to Mass. R. Civ. P. 12(b)(6).

In accordance with the court's decision, it is

ORDERED, ADJUDGED and DECLARED on the complaint that the Mortgage is not unenforceable, either by reason of the alleged unenforceability of the Note or the provisions of G.L. c. 260, ยง 33.

It is further

ORDERED and ADJUDGED that defendant's Counterclaim-Count I is DISMISSED AS MOOT and defendant's Counterclaim-Count II is DISMISSED pursuant to Mass. R. Civ. P. 12(b)(6).

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 to this action that are not granted in the preceding paragraphs are DENIED.

By the Court.