MARK A. LaRACE and TAMMY L. LaRACE v. WELLS FARGO BANK, N. A., as TRUSTEE for ABFC 2005-OPT1 TRUST, ABFC ASSET-BACKED CERTIFICATES, SERIES 2005-OPT1 and the CERTIFICATE HOLDERS THEREOF, ET AL.

This action commenced June 29, 2018 with the filing of a Verified Complaint by Mark A. LaRace and Tammy L. LaRace, asserting claims for declaratory judgment pursuant to G. L. c. 231A, quiet title pursuant to G. L. c. 240, §§ 6-10, and other claims, all with respect to the foreclosure of property of the plaintiffs at 6 Brookburn Street, Springfield, Hampden County ("Property").

This case came on for hearing on the Motion for Summary Judgment of defendants Wells Fargo Bank, N.A., as Trustee for ABFC 2005-Opt1 Trust, ABFC Asset-Backed Certificates, Series 2005-Opt1 ("Wells Fargo") and Ocwen Loan Servicing, LLC ("Ocwen"). In a decision of even date, the court (Speicher, J.) has determined that judgment shall enter in favor of the defendants on all counts.

In accordance with the court’s decision, it is

ORDERED and ADJUDGED, that Counts I through VII [Note 1] of the Verified Complaint are

DISMISSED WITH PREJUDICE with respect to defendants Wells Fargo and Ocwen; It is further

ORDERED and ADJUDGED, that the Verified Complaint is DISMISSED WITHOUT PREJUDICE as to all defendants other than Wells Fargo and Ocwen for failure of the plaintiffs to effect service of process as required by Mass. R. Civ. P. 4(j);

It is further

ORDERED and ADJUDGED, that the first count of the Verified Complaint labelled as Count VI, purporting to make claims for "Negligence and Trespass" against Marty's Real Estate is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.

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.

By the Court.