Opinion
15-P-252
03-07-2016
RONALD GARDNER v. BANK OF AMERICA, N.A.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The plaintiff appeals from a Superior Court judgment dismissing his complaint seeking to quiet title to certain real property. We discern no cause to disturb the judgment and affirm.
Passing the question whether the plaintiff is without standing to maintain an action to quiet title (by reason of the fact that legal title to the property is held by the mortgagee and the plaintiff holds only an equity of redemption), the plaintiff's brief on appeal demonstrates no error of law in the conclusion by the motion judge that the plaintiff's challenges to the validity of the defendant's title to the mortgage are without merit. In particular, we note that the principal authority on which the plaintiff relies to suggest that the mortgage assignment was void because it occurred beyond the closing date set forth in the pooling and servicing agreement governing the Morgan Stanley Loan Trust 2006-15XS was overturned upon appellate review. See Wells Fargo Bank, N.A. v. Erobobo, 9 N.Y.S.3d 312 (App. Div. 2015). For this and the other reasons set forth in the motion judge's thorough written memorandum of decision, the judgment is affirmed.
So ordered.
By the Court (Green, Hanlon & Henry, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: March 7, 2016.