Housman v. LBM Financial, LLC

The plaintiff, Charles J. Housman, trustee of Pine Banks Nominee Trust (Pine Banks), brought an action in Superior Court seeking a declaratory judgment that a mortgage *214held by the defendant, LBM Financial, LLC (LBM), on a property that Pine Banks had acquired in a foreclosure sale was discharged pursuant to G. L. c. 260, § 33, the “Obsolete Mortgages” statute, and that the defendant’s foreclosure sale of the property was therefore void. A judge of the Superior Court concluded that the defendant’s mortgage remained valid, the statutory requirements notwithstanding, because the plaintiff had…