SPF HOLDINGS, LLC v. U.S. BANK NATIONAL ASSOCIATION.

Plaintiff SPF Holdings, LLC filed a five-count complaint in this action in December 2018. SPF alleges that a mortgage on 132 Quincy Street in Brockton, MA, a mortgage recorded at the Plymouth County Registry of Deeds (the "Registry") on October 1, 2002 in Book 23006, Page 76 (the "Mortgage"), is defective. SPF further alleges that an assignment to defendant U.S. Bank National Association of the Mortgage, an assignment recorded at the Registry on May 13, 2013 in Book 43054, Page 114, also is defective. SPF last alleges that the Mortgage should be subrogated to a mortgage on 132 Quincy Street recorded at the Registry on April 7, 2017 in Book 48294, Page 120, a mortgage assigned to SPF by way of an assignment recorded at the Registry on June 23, 2017 in Book 48582, Page 298.

In February 2019, U.S. Bank removed this action to the U.S. District Court for the District of Massachusetts and moved to dismiss SPF's complaint under Rule 12(b)(6), Fed. R. Civ. P. In March 2019, while U.S. Bank's motion to dismiss was pending, the U.S. District Court remanded this action back to this Court. Following remand, this Court treated U.S. Bank's pending motion as a motion under Rule 12(b)(6), Mass. R. Civ. P.; SPF opposed the motion. The Court heard argument from the parties on April 25, 2019.

For the reasons set forth in this Court's Decision on Motion to Dismiss, issued this day,

the Court DISMISSES SPF Holdings, LLC's complaint pursuant to Rule 12(b)(6).

SO ORDERED.