Deutsche Bank National Trust Company v. Moynihan et al

Filing 83

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

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

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