O'Neil v. Bank of New York Mellon

Drechsler, Thomas, J.

INTRODUCTION

The plaintiffs, Louis F. O’Neil and Marcia J. O’Neil (collectively, the “O’Neils”), own property located at 1 Twin Springs Drive, in Saugus, Massachusetts (the “Property”). They filed the current action against the defendant, The Bank of New York Mellon (“BNYM”), as trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2007-J1 Mortgage Pass Through Certificates, Series 2007-J1 (the “CWALT Trust”), to prevent BNYM from foreclosing on the Property. In Count I, the O’Neils seek a declaration from the court stating that BNYM does not have…