Strawbridge v. The Bank of New York Mellon (Lawyers Weekly No. 11-093-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 16-P-1244 Appeals Court SANDRA M. STRAWBRIDGE vs. THE BANK OF NEW YORK MELLON.[1] No. 16-P-1244. Norfolk. May 1, 2017. – July 20, 2017. Present: Agnes, Massing, & Lemire, JJ. Mortgage, Foreclosure, Assignment. Real Property, Mortgage. Notice, Foreclosure of mortgage. Assignment. Practice, Civil, Motion to dismiss. Civil action commenced in the Superior Court Department on August 11, 2015. A motion to dismiss was heard by Jeffrey A. Locke, J., and a motion for reconsideration was considered by him. Glenn F. Russell, Jr., for the plaintiff. Anthony J. Coletti for the defendant. AGNES, J. The plaintiff, Sandra M. Strawbridge, appeals from a judgment of the Superior Court dismissing her verified complaint for declaratory and injunctive relief, which challenges the action of the defendant, Bank of New York Mellon (Bank), as trustee for the Certificateholders CWABS, Inc., Asset Backed Certificates Series 2007-10 (CWABS trust), to foreclose on her property. She maintains that the judge erred in applying G. L. c. 244, § 14, and some of our recent case law. As Strawbridge has failed to state a plausible claim that the Bank, at the time of foreclosure, did not hold both the mortgage and the note, see Eaton v. Federal Natl. Mort. Assn., 462 Mass. 569, 583-589 (2012), and based on the sound reasoning in the judge’s thorough memorandum of decision, we affirm. Background. The verified complaint, viewed in a light most favorable to Strawbridge, contains the following facts. In 2007, Strawbridge received a $ 370,000 loan as part of a home refinancing arrangement with Countrywide Home Loans, Inc. (Countrywide). In exchange for the loan, Strawbridge executed a promissory note payable to Countrywide, and granted a mortgage on the subject property to secure payment for the note. The mortgage identified Countrywide as the “Lender” and Strawbridge as the “Borrower.” The mortgage also designated Mortgage Electronic Registration Systems, Inc. (MERS)[2] as the mortgagee, “acting solely as a nominee for Lender and Lender’s successors and assigns.” Although MERS held the mortgage solely as a nominee for Countrywide, the mortgage contained a provision authorizing MERS to act on behalf of Countrywide in the event of a default.[3] In 2009, Strawbridge defaulted on her note by failing to keep up with her mortgage payments. In February, 2010, MERS assigned Strawbridge’s mortgage to the Bank. A MERS […]
The Bank of New York Mellon Corp. v. Wain, et al. (Lawyers Weekly No. 11-072-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 13‑P‑101 Appeals Court THE BANK OF NEW YORK MELLON CORP., trustee,[1] vs. DAVID WAIN & another.[2] No. 13‑P‑101. Suffolk. November 1, 2013. ‑ June 24, 2014. Present: Kafker, Milkey, & Hines, JJ. Mortgage, Assignment, Foreclosure. Notice, Foreclosure of mortgage. Real Property, Mortgage. Practice, Civil, Summary judgment, Standing. Assignment. Land Court, Jurisdiction. Jurisdiction, Land Court. Civil action commenced in the Land Court Department on February 6, 2012. The case was heard by Alexander H. Sands, III, J., on motions for summary judgment. Jamie Ranney for the defendants. David W. Merritt for the plaintiff. MILKEY, J. David Wain and Donovan Kerr (collectively, the homeowners) owned property in Nantucket that was subject to a mortgage. The Bank of New York Mellon Corp. (bank) acquired that mortgage through an assignment from the original mortgagee. After the homeowners defaulted, the bank foreclosed and purchased the property at the foreclosure sale. The bank then filed an action to quiet title, and the homeowners filed counterclaims seeking to challenge the validity of the foreclosure on various grounds. In a detailed and thoughtful decision, a Land Court judge ruled in the bank’s favor on summary judgment. We affirm, albeit on different grounds. Background. Except as otherwise noted, the facts are undisputed. At a closing for the property held on November 15, 2006, the homeowners executed a note and mortgage for $ 707,000. The mortgage was recorded at the local registry of deeds the following day. The original mortgagee was Mortgage Electronic Registration Systems, Inc. (MERS), as nominee for the Union Capital Mortgage Business Trust. After the homeowners apparently were unable to keep up with their payments, a mortgage servicing entity known as American Home Mortgage Servicing, Inc. (American Home), sent the homeowners a “notice to cure letter” dated April 5, 2010. See G. L. c. 244, § 35A. That letter informed the homeowners that they were in default, it explained how the default could be cured, and it stated that if they failed to cure by July 4, 2010, a foreclosure would follow. The letter stated that American Home was acting on behalf of “Tbw Mortgage-backed Trust 2007-1,” identified as “the Mortgagee of the Note and Deed of Trust associated with your real estate loan.” On or about July 14, 2010, a vice president of MERS executed a formal assignment […]
Police: Pair Charged with Stealing a Phone in New York Pizza
The following information was supplied by the Boston Police Department. Charges listed do not indicate convictions. A couple from Dorchester were charged with stealing a phone from a customer at New York Pizza on Monday night. Boston Police officers got a call for a larceny in progress in New York Pizza at 435 Massachusetts Ave. at around 12:48 a.m. on May 13. Dispatch told the officers that the suspects were a male and a female walking towards Tremont Street. The store employee told the police that they saw the man steal the victim’s phone while watching the security tapes from off the counter and leave the store. Officers noticed two people fitting the provided description at Tremont Street and North Hampton Street. According to the police report, the suspect told police that he had been in New York Pizza, but he did not steal a phone. The police noted that the woman appeared intoxicated and tried to walk away. Officers frisked the woman and allegedly found a phone in her shirt. Officer returned the phone to the victim. Officers charged Tanya Johnson of 1847 Dorchester Ave., and Carl Booker of 214 Harvard Street, Dorchester and charged them with larceny of $ 200 in a building. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch