United States District Court, D. Massachusetts
DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee of Ameriquest Mortgage Securities, Inc. Asset Backed Pass Through Certificates, Series 2005-R3, Plaintiff,
GINA GRANDBERRY, Defendant.
MEMORANDUM & ORDER
NATHANIEL M. GORTON, UNITED STATES DISTRICT JUDGE
case arises out of a dispute over the ownership of a mortgage
(“the Mortgage”) and an Adjustable Rate Note
(“the Note”). Deutsche Bank National Trust
Company, as Trustee of Ameriquest Mortgage Securities, Inc.
Asset Backed Pass Through Certificates, Series 2005-R3
(“Deutsche Bank” or “plaintiff”)
maintains that it is the holder of record of the Mortgage and
the Note and that Gina Grandberry (“Grandberry”
or “defendant”), the owner of the mortgaged
property, created a cloud on the title thereof by recording
an affidavit at the Registry of Deeds that denied its lien on
the subject property.
Bank brings this action for declaratory judgment that it is
the rightful mortgagee and noteholder, is entitled to pursue
foreclosure and that the affidavit recorded by defendant
creates a cloud on the title of the subject property that
should be removed. Pending before this Court is
plaintiff's motion for summary judgment on all claims
asserted in the complaint and on all counterclaims asserted
by defendant. For the reasons that follow, plaintiff's
motion will be allowed with respect to Count II of the
complaint for declaratory judgment and with respect to all of
Court previously declined to dismiss Count I of the complaint
for Quiet Title because of the inadequacy of the briefing on
the issue of whether a party can state a claim for quiet
title to a mortgage. While plaintiff moves for summary
judgment on all counts of the complaint, it fails to cite any
law in support of its claim to quiet title nor even to argue
specifically for such relief. Plaintiff has therefore failed
to satisfy its burden as the moving party with respect to
Count I of the complaint. See Fed.R.Civ.P. 56(a).
The Mortgage and the Note
is a nationally chartered bank with a principal office
located in Santa Ana, California. Grandberry is an individual
who resides in Lynn, Massachusetts.
April, 1999, Grandberry took title to residential property
(“the Property”) in Lynn, Massachusetts, pursuant
to a quitclaim deed from Federal Home Loan Mortgage
Corporation. That deed was recorded with the Essex District
Registry of Deeds (“the Registry”). In February,
2005, Grandberry executed the Mortgage and the Note in the
amount of $334, 950 in favor of Ameriquest Mortgage Company
(“Ameriquest”). The Mortgage was recorded with
the Registry in March, 2005.
April, 2005, the Mortgage and the Note were securitized and
the Note was transferred to Deutsche Bank as trustee of the
Series 2005-R3 Certificates pursuant to a Pooling and
Servicing Agreement (“the PSA”). In February,
2007, Ameriquest assigned the Mortgage to Deutsche Bank and
that assignment was also recorded with the Registry.
December, 2011, Deutsche Bank foreclosed on the Mortgage and
purportedly took title to the Property. The foreclosure deed
was recorded in the Registry in January, 2012. Shortly
thereafter, plaintiff filed a summary process action to evict
Grandberry from the Property. In October, 2013, the Northeast
Housing Court determined that the foreclosure sale was
invalid and entered judgment in favor of Grandberry.
December, 2016, Grandberry executed an Affidavit of
Clarification of Title (“the Affidavit”) pursuant
to M.G.L. c. 183, § 5B, in which she asserted that
Deutsche Bank was not the holder of the Mortgage or the Note.
That affidavit was subsequently recorded with the Registry in
February, 2017. Deutsche Bank recorded the decision of the
Northeast Housing Court with the Registry in March, 2017,
thereby rescinding the foreclosure deed.
September, 2016, Grandberry filed a civil action against
Deutsche Bank in the Northeast Housing Court. In June, 2017,
she filed a motion to compel Deutsche Bank to pay her water
and sewer bills after the water to her Property was
disconnected. After the Court determined that the foreclosure
had been rescinded and that Grandberry was still the nominal
owner of the Property, it denied her request to compel
Deutsche Bank to pay her outstanding bills.