Eastern Bank v. Benton (In re Benton)

MEMORANDUM

Joan N. Feeney, United States Bankruptcy Judge

I. INTRODUCTION

The matters before the Court are Cross-Motions for Summary Judgment filed by David B. Madoff, the Chapter 7 Trustee and Plaintiff in Counterclaim (the “Trustee”) and Eastern Bank (the “Bank”), Plaintiff, and Defendant in Counterclaim.1 In addition to the Chapter 7 Trustee, in its Complaint, the Bank named Seterus, Inc. and The Cooperative Bank of Cape Cod as parties in interest.

The Bank filed a two-count Complaint for the following purpose:

[T]o correct the metes and bounds description in the mortgage granted by Debtors ...…