Mortgages Bankruptcy Surrender.

Byline: Mass. Lawyers Weekly Staff

Where a complaint was filed challenging the validity of a mortgage, the mortgage remains a valid lien under the Supreme Judicial Court's decision in Christakis v. Jeanne D'Arc Credit Union, 471 Mass. 365 (2015).

"Plaintiff LaBrec Realty Solutions, LLC ('LaBrec') commenced this action with the filing of a complaint on November 26, 2021, followed by the filing of a First Amended Complaint To Quiet Title on December 31, 2021 ('First Amended Complaint'). In the First Amended Complaint, LaBrec sought to quiet title to property owned by it and located at 158 Leicester Street, North Oxford, Massachusetts ('the Property'). More particularly, LaBrec sought a determination that a mortgage on the Property more fully described below, originally granted to Irwin Union and subsequently assigned, is unenforceable and should be discharged.

"LaBrec holds title to the Property through a quitclaim deed to it from Catherine E. Mallette ('Ms. Mallette') dated May 20, 2013 and recorded with the Worcester Registry of Deeds ('the Registry') at Book 50909, Page 97.

"On or about July 30, 2010, Ms. Mallette filed a petition for Chapter 7 bankruptcy protection, Case 10-43805 ('the Petition').

"The Supreme Judicial Court's 2015 decision in Christakis v. Jeanne D'Arc Credit Union, 471 Mass. 365 (2015) is dispositive of the issue raised by this case: what is the continued viability of the Irwin Mortgage after Ms. Mallette's discharge in bankruptcy? In accord with Christakis, the Irwin Mortgage remains a valid lien...