ENDEAVOR CAPITAL NORTH LLC and RICOCHET REAL ESTATE, LLC v. STUART SMITH and 23 LONDONDERRY, LLC

The plaintiffs Endeavor Capital North LLC (Endeavor) and Ricochet Real Estate LLC (Ricochet) filed their complaint in this action on February 20, 2018, naming as defendants Stuart Smith (Smith) and 23 Londonderry, LLC (23 Londonderry). The complaint has two counts; Count One is for declaratory judgment and Count Two is for action pursuant to G.L. c. 185. Both counts seek the same relief: declarations that a foreclosure by sale of a mortgage on the property at 23 Londonderry Lane, Middleboro, Massachusetts (property) and a foreclosure by entry on the property were both valid, foreclosed the equity of redemption of 23 Londonderry, and vested title in Endeavor free and clear of the junior mortgage of Smith and any claims of 23 Londonderry and Smith. On March 19, 2018, Smith filed Defendant, Stuart Smith's Answer to Plaintiff's Complaint. The default of 23 Londonderry pursuant to Mass. R. Civ. P. 55(a) was entered on March 22, 2018. The court held a case management conference on April 2, 2018. At the case management conference, the parties stipulated that defendant Smith's tenancy is not an issue in this case and would not be adjudicated by the court.

On August 14, 2018, the court heard Plaintiffs' Motion for Summary Judgment. The court's Memorandum and Order on Plaintiff's Motion for Summary Judgment issued on November 15, 2018 (Summary Judgment Order).

The court took a view on April 29, 2019. Trial was held on April 30, 2019. On June 17, 2019, plaintiffs filed Plaintiffs' Requested Conclusions of Law, Plaintiffs Proposed Findings of Fact, and Plaintiffs' Memorandum in Support of Its Request for Judgment in Their Favor, the defendant filed Defendant, Stuart Smith's Requested Findings of Facts, Rulings of Law, and Trial Brief. Closing arguments were heard on July 12, 2019, and the case was taken under advisement. In a decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.

In accordance with the court's Summary Judgment Order of November 15, 2018 and its Decision issued today, it is

ORDERED, ADJUDGED and DECLARED that Endeavor conducted a properly noticed foreclosure sale at the property on June 28, 2013, at which Endeavor was the winning bidder. It is further

ORDERED, ADJUDGED and DECLARED that Endeavor's foreclosure by sale met the requirements of the statutory power of sale and G.L. c. 244, §14. It is further

ORDERED, ADJUDGED and DECLARED that by the foreclosure sale, Endeavor foreclosed 23 Londonderry's equity of redemption under the mortgage given by 23 Londonderry to Endeavor in the original principal amount of $160,000.00, recorded on December 11, 2012 with the Plymouth County Registry of Deeds (registry) at Book 42377, Page 168, 23 (first mortgage). It is further

ORDERED, ADJUDGED and DECLARED that by the foreclosure sale and by a foreclosure deed recorded July 18, 2013, with the registry at Book 43362, Page 336 (foreclosure deed), Endeavor took full and valid title to the property free and clear of the mortgage given by 23 Londonderry to Smith in the original principal amount of $42,640.00, recorded on January 3, 2013 with the registry at Book 42498, Page 137 (second mortgage) and any claims of 23 Londonderry or Smith. It is further

ORDERED, ADJUDGED and DECLARED that Endeavor completed a foreclosure of the first mortgage by entry on the property pursuant to G.L. c. 244, §§1 and 2, as of July 18, 2016, thus foreclosing 23 Londonderry's equity of redemption and vesting full title to the property in Endeavor as of that date, free and clear of the second mortgage and any claims of 23 Londonderry or Smith. It is further

ORDERED, ADJUDGED and DECLARED that upon payment of all required fees, this Judgment or a certified copy of this Judgment may be recorded at the registry and marginally referenced on the foreclosure deed and all other relevant documents.