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HARVARD 45 ASSOCIATES, LLC v. ALLIED PROPERTIES AND MORTGAGES, INC.

No. 10-P-598.

80 Mass. App. Ct. 203 (2011)

HARVARD 45 ASSOCIATES, LLC v. ALLIED PROPERTIES AND MORTGAGES, INC., & others.

Appeals Court of Massachusetts, Suffolk.

August 25, 2011.

Attorney(s) appearing for the Case

David P. Russman for the defendants.

Nicholas J. Nesgos for the plaintiff.

Present: LENK, GRAHAM, & FECTEAU, JJ.

GRAHAM, J.

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...

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