Wilmington Savings Fund Society v Collart et al
| Wilmington Savings Fund Society, FSB |
| Nina B. Collart and Thomas D. Mann, Jr. |
| 1:2017cv12204 |
| November 8, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Barnstable |
| Richard G. Stearns |
| All Other Real Property |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
67
Judge Richard G. Stearns: ORDER entered granting in part and denying in part 43 Motion for Summary Judgment; granting in part and denying in part 39 Motion for Summary Judgment. Wilmington's motion for summary judgment is ALLOW ED with respect to the equitable lien, but is otherwise DENIED. Defendants' motion for summary judgment is DENIED with respect to the equitable lien, but is otherwise ALLOWED. A declaratory judgment will enter invalida ting the Mortgage on the Property. An equitable lien on the Property will be entered in favor of Wilmington (as Trustee for BCAT 2015-14BTT) nunc pro tunc to August 7, 2007, in the amount of $500,000, less the principal already paid. As the prevailing party, Wilmington will, by April 12, 2019 (within fourteen days), submit a Proposed Form of Final Judgement. (RGS, law1)
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