Opinion
No. 15–P–1216.
07-07-2016
Barry J. GILLOGLY v. DEUTSCHE BANK NATIONAL TRUST COMPANY, trustee.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The plaintiff, Barry J. Gillogly, filed a complaint to enjoin the defendant from foreclosing on his residential property. According to the plaintiff, the defendant lacked standing to foreclose because the person executing the assignment was not authorized to do so. The defendant moved for summary judgment, which was allowed. Reviewing the matter under the familiar standards governing summary judgment, we affirm.
First, the assignment of the plaintiff's mortgage complied with the provisions of G.L. c. 183, § 54B, and is, therefore, presumptively valid. Bank of N.Y. Mellon Corp. v. Wain, 85 Mass.App.Ct. 498, 502–504 (2014). Accordingly, the plaintiff lacks standing to challenge the assignment. Second, Mortgage Electronic Registration Systems, Inc. (MERS), had authority to assign the mortgage to the defendant. MERS is expressly named as the mortgagee in the mortgage as a nominee for the lender and its assigns, consistent with the holding in Eaton v. Federal Natl. Mort. Assn., 462 Mass. 569, 576 (2012). Thus, MERS held bare legal title in trust for the mortgagee and there was nothing in the mortgage that restricted transfer or assignment. See Shea v. Federal Natl. Mort. Assn., 87 Mass.App.Ct. 901, 903 (2015).
Judgment affirmed.
Of the IndyMac INDX Mortgage Loan Trust 2005–AR25, Mortgage Pass–Through Certificates, Series 2005–AR25 under the Pooling and Servicing Agreement dated October 1, 2005.