Deutsche Bank National Trust Company v. Moynihan et al

Filing 83

Magistrate Judge Marianne B. Bowler: ORDER entered. FINAL JUDGMENT. (Patton, Christine)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for IXIS 2006-HE3, Plaintiff, v. CIVIL ACTION NO. 15-14155-MBB JAMES P. MOYNIHAN, Defendant. FINAL JUDGMENT October 11, 2017 BOWLER, U.S.M.J. It is ORDERED, ADJUDGED, and DECLARED that plaintiff Deutsche Bank National Trust Company, as Trustee for IXIS 2006HE3, (“DBNTC as Trustee”) is the lawful owner of a promissory note dated May 1, 2006, a copy of which is attached to the complaint, and the holder of a mortgage dated May 1, 2006, a copy of which is attached to the complaint. It is further ORDERED, ADJUDGED, and DECLARED that DBNTC as Trustee: was entitled to enforce the note when the note was lost; is entitled to immediate physical possession of the note; is entitled to enforce the note, the terms of which are set forth in the copy attached to the complaint; and is entitled to exercise the remedies provided for in the mortgage, including the power of sale. It is also ADJUDGED and DECLARED that defendant James P. Moynihan (“Moynihan”) is adequately protected against loss that might occur by reason of a claim by another person to enforce the note in light of his chapter seven bankruptcy discharge and because DBNTC as Trustee has agreed to indemnify Moynihan against any loss that might occur through multiple conflicting claims against the property. /s/ Marianne B. Bowler MARIANNE B. BOWLER United States Magistrate Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?