Desmond v. Raymond C. Green, Inc. ex rel. Raymond C. Green Trust (Harborhouse of Gloucester, LLC)

KORNREICH, Bankruptcy Judge.

These appeals by the chapter 7 trustee and a secured creditor arise from the bankruptcy court’s mixed rulings on the parties’ cross-motions for summary judgment in an adversary proceeding commenced by the trustee to challenge the secured creditor’s claim to collect on a lost note and enforce the mortgage securing that note. Relying upon the version of § 3-309 of the Uniform Commercial Code enacted in Massachusetts, the bankruptcy court ruled in favor of the trustee on the note and'in favor of the secured creditor on the mortgage. We AFFIRM the amended judgment for…