WELLS FARGO BANK, N.A. v. ALFRED BYRON COFFIN, III

The Petition for Declaratory Relief to Declare Adverse Claim Invalid and Expunge Adverse Claim from Certificate of Title (Complaint) and the Motion to Adjudicate the Validity of Adverse Claim were filed by Wells Fargo Bank, N.A. (Wells Fargo) on March 28, 2018. The Complaint seeks a judgment striking the Adverse Claim Pursuant to M.G.L. c.185, § 112 Alleging Right or Interest in Registered Land filed with the Nantucket County Land Court Registry District (registry district) on July 13, 2017, as Document No. 00155627 and noted on the Memorandum of Encumbrances for Certificate of Title 22919 (Notice of Adverse Claim) for the property at 265 Madaket Road, Nantucket, Massachusetts (Property). The Defendant's Motion to Dismiss was filed on April 18, 2018. At the case management conference on May 10, 2018, defendant Alfred Byron Coffin, III (Coffin) was instructed to file a verified counterclaim and motion for lis pendens. The Defendant's Verified Counterclaim (Counterclaim) and Defendant's Motion for Approval of Memorandum of Lis Pendens were filed on June 4, 2018. Wells Fargo filed its Notice of Non-Opposition to Motion for Approval of Memorandum of Lis Pendens on June 14, 2018. The court entered its Finding and Order of Approval of Motion for Memorandum of Lis Pendens on June 19, 2018, and endorsed the Memorandum of Lis Pendens. The Memorandum of Lis Pendens was filed with the registry district on June 26, 2018, as Document No. 00158869 and noted on the Memorandum of Encumbrances for Certificate of Title 22919.

On June 22, 2018, Wells Fargo filed Petitioner Wells Fargo Bank N.A.'s Motion to Dismiss Verified Counterclaims by Respondent Alfred Byron Coffin, III and the Memorandum of Law in Support of Petitioner Wells Fargo Bank N.A.'s Motion to Dismiss Verified Counterclaims by Respondent Alfred Byron Coffin, III. On July 25, 2018, Coffin filed Defendant's Opposition to the Plaintiff's Motion to Dismiss and Defendant's Motion for Leave to Amend His Counterclaims Adding a Count for Declaratory Relief and a Count to Quiet Title. On August 6, 2018, Wells Fargo filed Petitioner Wells Fargo Bank N.A.'s Opposition to Respondent's Motion for Leave to Amend his Counterclaim. On August 8, 2018, Coffin filed Defendant's Motion for Land Court Judge to Seek Interdepartmental Assignment to Sit as Superior Court Judge Over Claims Not Within the Jurisdiction of the Land Court. That same day, the court heard the Motion to Dismiss and the Motion to Amend, and took them under advisement. On August 14, 2018, the court issued its Order Striking Notice of Adverse Claim and Dismissing Complaint Without Prejudice. The court issued its Memorandum and Order Allowing in Part and Denying in Part Plaintiff's Motion to Dismiss Counterclaim and Denying Defendant's Motion to File Amended Counterclaim without Prejudice on October 29, 2018.

The Defendant's Amended Counterclaims (Amended Counterclaim) was filed on November 8, 2018. The Defendant's Verification of Amended Counterclaims was filed on December 5, 2018. The Answer to Amended Counterclaims was filed on December 17, 2018. The Petitioner Wells Fargo Bank, N.A.'s Motion for Summary Judgment, Memorandum of Law in Support of Petitioner Wells Fargo Bank, N.A.'s Motion for Summary Judgment, Petitioner Wells Fargo Bank, N.A.'s Land Court Rule 4 Statement of Undisputed Material Facts, and Appendix in Support of Petitioner Wells Fargo Bank, N.A.'s Motion for Summary Judgment were filed on January 15, 2019. The Coffin's Limited Opposition to the Wells Fargo Bank, N.A.'s Motion for Summary Judgment and Coffin's Response to Wells Fargo Bank's Statement of Material Facts were filed on February 19, 2019. The Reply in Support of Petitioner Wells Fargo Bank, N.A.'s Motion for Summary Judgment was filed on February 22, 2019. The court heard the Motion for Summary Judgment on February 25, 2019, and took the matter under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Petitioner Wells Fargo Bank, N.A.'s Motion for Summary Judgment.

In accordance with the Order Striking Notice of Adverse Claim and Dismissing Complaint Without Prejudice issued on August 14, 2018, the Memorandum and Order Allowing in Part and Denying in Part Plaintiff's Motion to Dismiss Counterclaim and Denying Defendant's Motion to File Amended Counterclaim without Prejudice issued on October 29, 2018, and the Memorandum and Order issued today, it is

ORDERED and ADJUDGED that the Complaint is DISMISSED without prejudice. It is further

ORDERED and ADJUDGED that the Notice of Adverse Claim is struck from the Memorandum of Encumbrances for Certificate of Title 22919. It is further

ORDERED and ADJUDGED that Counts One, Three, and Four of the Counterclaim are DISMISSED without prejudice. It is further

ORDERED and ADJUDGED that the Amended Counterclaim is DISMISSED with prejudice. It is further

ORDERED and ADJUDGED that the Memorandum of Lis Pendens filed with the registry district on June 26, 2018, as Document No. 00158869 and noted on the Memorandum of Encumbrances for Certificate of Title 22919, is DISSOLVED. It is further

ORDERED and ADJUDGED that this Judgment, or a certified copy of it, may, upon payment of all fees therefor required by law, be filed in the registry district and noted on the Memorandum of Encumbrances for Certificate of Title 22919.

SO ORDERED