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Case Information
Filed
2023-06-07
Status
Open
Type
Miscellaneous|Cot Remove Cloud On Title, G.l. Chapter 240, § 6 10
Docket
10 entries
Parties
Plaintiff
Bank Of America, N.a.
Defendant
Argent Mortgage Company, Llc
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 441563 Date: 06/07/2023
- Land Court surcharge Receipt: 441563 Date: 06/07/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Sent On: 06/13/2023 13:36:49
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 07/11/2023 Time: 02:30 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Sent On: 06/13/2023 13:40:54
- Case Management Conference Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 07/11/2023 02:30 PM Has been: Held via video Hon. Gordon H. Piper, Presiding July 11, 2023. Case Management Conference held via videoconference. Attorney Denise Chicoine, Esq. appeared for the plaintiff. Because plaintiff had not yet completed service on the defendant, court conducted only a preliminary conference to review status of service. This case concerns a mortgage ("Mortgage") on property located at 18 Dacia Street, Dorchester, given to Argent Mortgage Company, LLC ("Argent") to secure a promissory note in the principal amount of $409,500.00, recorded with the Suffolk Registry of Deeds ("Registry") on March 2, 2004, in Book 33929, Page 84. That Mortgage, plaintiff alleges, was assigned off-record by Argent to related entity Ameriquest Mortgage Company ("Ameriquest"). Subsequently, the Mortgage was assigned by Ameriquest to the defendant Bank of America, N.A.'s predecessor in interest, WM Specialty Mortgage, LLC ("WM Specialty"). Owing to the invalid assignment, WM Specialty's subsequent discharge of the mortgage, recorded with the Registry on May 5, 205, at Book 37009, Page 266, was improper and there remains an undischarged mortgage on the Property, creating a cloud on title, according to plaintiff's allegations. Bank of America, N.A., as current holder of the Mortgage, acknowledges that the Mortgage has been satisfied in full. Plaintiff seeks judgment that establishes a sufficient chain of title to the Mortgage to validate the 2005 discharge of it recorded by WM Specialty. This requires establishing that Argent, the original mortgagee, timely assigned the Mortgage to Ameriquest, allowing Ameriquest then to assign the Mortgage to WM Specialty so as to permit WM Specialty validly to discharge the encumbrance. Attorney Chicoine to continue diligent efforts to determine whether there is or was a corporate or other business relationship between defendant Argent and Ameriquest which would lead plaintiff to join Ameriquest as a party to this action. Attorney Chicoine to report to the court by August 30, 2023, indicating her intention to amend the complaint to include additional corporate entities, or demonstrating why Argent has sufficient vitality to be served alone, or filing a motion for alternative service by publication. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. All filings to indicate the Judge assigned to the case. Filings to be made using the Tyler eFile portal, or by filing hard copies with the court. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 07/14/2023 10:19:52
- Summons returned to Court with service on Argent Mortgage Company, LLC filed. Service on July 10, 2023 at the Office of the Secretary of State.
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