HMC Assets, LLC solely in its capacity as Separate Trustee of CAM Mortgage Trust 2013-1 v. Conley

Filing 114

Magistrate Judge Marianne B. Bowler: ORDER entered. Order Re: Plaintiff's Notice Regarding Count I and Request for Final Judgment and Issuance of Writ of Assistance (Docket Entry # 113 ). (Patton, Christine)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
HMC ASSETS, LLC, SOLELY IN ITS
CAPACITY AS SEPARATE TRUSTEE
OF CAM MORTGAGE TRUST 2013-1,
Plaintiff,
v.

CIVIL ACTION NO.
14-10321-MBB

MARION R. CONLEY,
Defendant.

ORDER RE:
PLAINTIFF’S NOTICE REGARDING COUNT I AND REQUEST FOR
FINAL JUDGMENT AND ISSUANCE OF WRIT OF ASSISTANCE
(DOCKET ENTRY # 113)
April 11, 2017

BOWLER, U.S.M.J.
On March 30, 2017, this court instructed plaintiff HMC
Assets, LLC, solely in its capacity as separate trustee of CAM
Mortgage Trust 2013-1, (“HMC”) to advise this court whether it
wished to pursue damages for the breach of contract claim in
Count I of the amended complaint.

HMC replied the following day

that it did not wish to pursue any additional damages beyond the
declaratory relief already awarded.

The declaratory relief

awarded by this court and requested in the amended complaint
includes that, “declaratory relief in the form of a declaration
that ‘the foreclosure sale held on March 7, 2014 is valid’ is
appropriate.”

(Docket Entry # 84, p. 67).

As also determined

previously, HMC established “its legal title to the property and
claim for possession.”
# 111, p. 17).

(Docket Entry # 84, p. 72) (Docket Entry

The Memorandum and Order found the assignments

and the foreclosure sale valid and also in HMC’s favor as to the
claim for possession in Count IV of the amended complaint.

HMC

is therefore entitled to the declaratory remedy it seeks, a
judgment entitling it to possession of the property.
HMC’s request for a writ of assistance, however, is
premature inasmuch as the final judgment has not issued.

As

stated in the March 30, 2017 findings, HMC “may seek postjudgment relief under Federal Rules of Civil Procedure 69 and
70.”

(Docket Entry # 111, p. 17).

It should therefore submit

and serve the appropriate filings after entry of the judgment.
HMC is the prevailing party and entitled to an award of
costs under Fed.R.Civ.P. 54(d)(1).

Having resolved the remaining

outstanding matter as to the damages under the breach of contract
claim in Count I, a final judgment shall issue.
/s/ Marianne B. Bowler
MARIANNE B. BOWLER
United States Magistrate Judge

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