Harvard 45 Associates, LLC v. Allied Properties & Mortgages, Inc.

The plaintiff, Harvard 45 Associates, LLC (Harvard 45), brought an action in the Land Court to quiet title to property located in Westwood on which the defendant, Mary Bishay, held a mortgage. The plaintiff alleged that the mortgage had been discharged under G. L. c. 260, § 33, the “Obsolete Mortgages” statute, since the mortgage holder had failed to record the mortgage with the registry of deeds as required by the statute. The defendant filed an answer and counterclaim seeking a declaration that the mortgage was “binding and in effect” as to the plaintiff, who had actual notice that the…