Home CITIZENS BANK, N.A, f/k/a RBS CITIZENS, N.A., Plaintiff, v. CAROLYN M. TEEHAN, Defendant

MISC 19-000138

OCTOBER 16, 2020




Plaintiff Citizens Bank, N.A., f/k/a RBS Citizens, N.A. ("Plaintiff") commenced this action with the filing of a verified complaint ("the Complaint") on March 21, 2019. In the Complaint, the Bank sought an adjudication that it is the equitable subrogee of a mortgage granted by Anne M. Teehan ("Anne") and her son, John D. Teehan, to Citizens Bank of Massachusetts encumbering property located at 30 Spring Garden Street, Dorchester ("the Property"), which secured a promissory note signed by Anne and her daughter, defendant Carolyn M. Teehan ("Defendant"). The result of such an adjudication would be to encumber Defendant's interest in the Property. Plaintiff and Defendant cross-moved for summary judgment, and a hearing on those motions was held on September 15, 2020. In a memorandum of even date, the court (Roberts, J.) granted summary judgment in favor of Plaintiff.

In accordance with the court's memorandum of decision, it is hereby

ORDERED, ADJUDGED, and DECLARED that Citizens Bank, N.A. is entitled to be equitably subrogated to the priority position of the mortgage originally recorded in the Suffolk County Registry of Deeds at Book 41140, Page 128 as of the date and time the discharge of said mortgage was recorded at Book 47829, Page 129, but only to the extent of $67,082.22.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of the parties' claims in this case, and all prayers for relief by any party to this action not granted in the preceding paragraphs are denied.

It is further

ORDERED that a certified copy of this Judgment may be recorded in the Suffolk County Registry of Deeds and entered on the margin of all relevant documents upon payment of all fees therefor as required by law.