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DEUTSCHE BANK NATIONAL TRUST COMPANY v. FITCHBURG CAPITAL, LLC

No. SJC-11756.

471 Mass. 248 (2015)

DEUTSCHE BANK NATIONAL TRUST COMPANY, trustee, v. FITCHBURG CAPITAL, LLC, & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 15, 2015.

Attorney(s) appearing for the Case

Jeffrey T. Angley ( Robert K. Hopkins with him) for Fitchburg Capital, LLC.

Jeffrey B. Loeb for the plaintiff.

Thomas O. Moriarty , for Real Estate Bar Association for Massachusetts, Inc., & another, amici curiae, submitted a brief.

Philip F. Coppinger , for Ry-Co International, Ltd., amicus curiae, submitted a brief.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

Under a 2006 amendment to the so-called "obsolete mortgage" statute, a mortgage becomes unenforceable after a certain number of years: a mortgage in which the term or maturity date is stated becomes unenforceable five years after the expiration of the term and a mortgage in which the term or maturity date is not stated becomes unenforceable...

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