Opinion
Case No. 99-40131-HJB, Adversary Proceeding No. 02-4485-HJB
August 29, 2003
JUDGMENT
For the reasons set forth in the Memorandum of Decision of even date, it is hereby ORDERED, ADJUDGED and DECREED that:
1. The mortgage issued by CanAm of Webster, Inc. to the Defendant, Roland L. Beaulac, dated April 8, 1998 (the "1998 Mortgage"), on a parcel of commercial real property located in Webster, MA (the "Property"), is property of the estate pursuant to 11 U.S.C. § 541 (a);
2. The Plaintiff, Tali Tomsic, as Chapter 7 trustee in bankruptcy, is free to discharge the 1998 Mortgage;
3. The recording of a discharge, dated April 9, 1998, of a prior mortgage on the Property dated May 14, 1993 (the "1993 Mortgage"), issued by CanAm of Webster, Inc. to the Defendant Roland L. Beaulac, will not be rescinded; and
4. Defendant, Rose A. Beaulac, has no claim to any proceeds of the sale of the Property by virtue of her purported unrecorded assignment of the 1993 Mortgage or otherwise.