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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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