DeGennaro v. DeGennaro

Fremont-Smith, Thayer, J.

This action arises from the conveyance and encumbrance of real property by Peter C. DeGennaro (“Peter”) following his divorce from plaintiff Corinne A. DeGennaro (“Corinne”).

On July 3, 2007, this Court issued a decision allowing defendant Ameriquest Mortgage’s motion for summary judgment as to Counts III and IV [22 Mass. L. Rptr. 562]. This Court held that the mortgage is valid and that a constructive trust is not necessary: The summary judgment record demonstrates that Corinne accepted the benefits of the refinancing which was purported to be done on her behalf. See…