This action was initiated with the filing of a complaint seeking, inter alia, to quiet title pursuant to G.L. c. 240, ss. 6-10. Specifically, the plaintiff seeks a declaration that a certain mortgage purportedly held by the defendant and outstanding as of record has been discharged. The instant matter concerns an improved parcel of land in Hull, Massachusetts known and numbered 122A Samoset Avenue (premises / locus). Title is currently vested in the plaintiff in her individual capacity.
On October 10, 1980, Peter A. Matheson acquired the premises by deed recorded with the Plymouth County Registry of Deeds (Registry) at Book 4896, Page 115. On January 16, 1987 Peter A. Matheson granted a mortgage on the premises in the amount of $33,750.00 to Northeast Savings F.A (Mortgage). The said Mortgage was recorded with the Registry at Book 7449, Page 315. Thereafter, on March 26, 1991 the Mortgage was assigned to Lehman Capital Corporation and recorded with the Registry at Book 10282, Page 254.
On or about May, 1994 the assignee, Lehman Capital Corporation, merged with Lehman Brothers Holdings, Inc., the plaintiff herein. In her complaint, the plaintiff alleges that the Mortgage was discharged in 2004. However, there is no record of such discharge. Moreover, no payments have been made pursuant to the Mortgage since 2004.
On February 14, 2004, Peter A. Matheson died testate. His brother Robert B. Matheson was named as executor and sole beneficiary under the will. On March 2, 2005 Robert B. Matheson as executor conveyed the premises to himself in his individual capacity. Robert Matheson died testate January 27, 2010. His wife, Carmen L. Matheson, the plaintiff herein, was named executrix and sole beneficiary under her husbands will. On May 8, 2012, she executed a deed conveying the locus to herself, in her individual capacity.
Carmen L. Matheson filed the instant lawsuit on October 24, 2012. The defendant, Lehman Brothers Holding, Inc., has now filed a document styled Disclaimer By Lehman Brothers Holding, Inc. (Disclaimer).
That Disclaimer, dated December 14, 2012, provides as follows:
Now comes Lehman Brothers Holdings Inc. formerly known as Lehman Capital Corporation and states as follows:
THAT Lehman Capital Corporation merged with and into Lehman Brothers Holdings, Inc. (hereinafter referred to as Lehman Holdings):
THAT Lehman Holdings acknowledges service of the Complaint and Summons in Massachusetts Land Court Department Civil Action no. 12 MISC 472669 entitled Carmen L. Matheson et al v. Lehman Brothers Holdings, Inc.
THAT Lehman Holdings has searched all of its records and have found no record of having an interest in the real property located at 122A Samoset Avenue, Hull, Massachusetts.
THEREFORE, Lehman Brothers Holdings, Inc. f/k/a Lehman Capital Corporation hereby disclaims any interest in and to that certain mortgage from Peter A. Matheson dated January 16, 1987 to Northeast Savings recorded with Plymouth Registry of Deeds in Book 1449, [Note 1] Page 315, and assigned to Lehman Capital Corporation on March 26, 1991 and recorded with the Plymouth Registry of Deeds in Book 10282, Page 254, regarding the real property at 122A Samoset Avenue, Hull, Massachusetts.
The plaintiff has filed a Motion for Summary Judgment (Motion) asserting that no genuine issues of material fact remain outstanding. There has been no opposition to the said Motion in any form. The plaintiff has consequently, requested a ruling on her Motion without hearing, pursuant to Land Court Rule 6.
In view of the foregoing, it is hereby
ORDERED that the plaintiffs Motion for Summary Judgment be, and hereby is, ALLOWED.
It is further
ORDERED that the Mortgage dated January 16, 1987, recorded with the Plymouth County Registry of Deeds at Book 7449, Page 315 and the subject of an Assignment recorded with the Registry at Book 10282, Page 254, is hereby discharged and of no effect.
It is further
ORDERED that the plaintiff holds title to the locus free of any cloud attributable to the failure to record a discharge of the said Mortgage.
Judgment to issue accordingly.
[Note 1] The correct citation is Book 7449, Page 315.