Plaintiff, the Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Certificate Holders CWABS, Inc., Asset-Backed Certificates, Series 2005-14 ("Plaintiff") commenced this action on March 7, 2019, seeking a judgment pursuant to G.L. c. 231A, ยง1, declaring that an affidavit signed and recorded by Defendants Gary J. Gurinian a/k/a Gary Gurinian and Maureen Mero ("Defendants") on March 9, 2018, at the Worcester County South Registry of Deeds ("Registry"), is null and void.
Returns of service filed with this court on March 28, 2019 reflect that each of the Defendants were served by the Worcester County Deputy Sheriff with the Summons and Complaint, Notice of Judge and Track Assignment, Case Management Conference Notice and Order at their last and usual place of abode on March, 19, 2019 and via first class mail on March 20, 2019. Having failed to file an answer or any other responsive pleading, Defendants were defaulted on August 23, 2019, pursuant to Mass. R. Civ. P. 55(a). On December 2, 2019, Plaintiff, pursuant to Mass. R. Civ. P 55(b), filed its Motion for Entry of Default Judgment as to all Defendants. On January 14, 2020, without still having filed an answer, Defendants filed a Motion to Remove 55(a) Default and Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim (MRCP Rule 12). This case came on for hearing on January 31, 2020 on Defendants' Motion to Vacate Default, Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim (MRCP Rule 12), and Plaintiff's Motion for Entry of Default Judgment. In accordance with the Decision on Defendants' Motion to Vacate Default, Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim (MRCP Rule 12) and Plaintiff's Motion for Entry of Default Judgment, issued this day,
It is ORDERED, ADJUDGED, and DECLARED and that the Defendants' Motion to Vacate Default is DENIED.
It is further ORDERED, ADJUDGED, and DECLARED that the Defendants' Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim is DENIED.
It is further ORDERED, ADJUDGED, and DECLARED that the Plaintiff's Motion for Entry of Default Judgment is ALLOWED.
It is further ORDERED, ADJUDGED, and DECLARED that the 5B Affidavit executed and recorded by Defendants on March 9, 2018 with the Worcester County South Registry of Deeds in Book 58523, Page 320 is null and void, has no force and effect, and is not a cloud on title to the Property located at 7 Windle Avenue, North Grafton, Massachusetts and that the acceleration of the underlying loan in the principal amount of $240,000 did not move the maturity date of the First Mortgage executed by Defendant Gurinian encumbering the property in favor of Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for AWL, in the original principal amount of $240,000.00, which was recorded with the Registry on that same date in Book 37387, Page 163.
It is further ORDERED, ADJUDGED, and DECLARED that upon payment of all required fees, this Judgment, or a certified copy of it, may be recorded with the Worcester County South Registry of Deeds and marginally referenced on all relevant documents.
It is further ORDERED that today's Decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claims or defense.
It is further ORDERED that no costs, fees, damages, or other amounts are awarded to any party in this case.
SO ORDERED.
The BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, as TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS INC., ASSET-BACKED CERTIFICATES SERIES 2005-14 vs. GARY J. GURINIAN a/k/a GARY GURINIAN and MAUREEN MERO