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Case Information
Filed
2023-03-07
Status
Open
Type
Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket
26 entries
Parties
Plaintiff
U.s. Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner
Defendant
Cardwell, Iii, Albert A.|Bank Of America, N.a.|First Financial Investment Fund V, 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: 438835 Date: 03/07/2023
- Land Court surcharge Receipt: 438835 Date: 03/07/2023
- Land Court summons Receipt: 438835 Date: 03/07/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent. Judge: Piper, Hon. Gordon H. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Peter Vincent Guaetta, Esq. [email protected] Sent On: 03/15/2023 12:34:22
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 04/11/2023 Time: 02:15 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Peter Vincent Guaetta, Esq. [email protected] Sent On: 03/15/2023 12:37:57
- Event Resulted: Case Management Conference scheduled on: 04/11/2023 02:15 PM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Gordon H. Piper, Presiding
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 04/25/2023 Time: 10:40 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Peter Vincent Guaetta, Esq. [email protected] Sent On: 04/11/2023 15:18:54
- Summons returned to Court with service on Albert A. Cardwell, III filed. Service completed on March 20, 2023 by leaving a copy of the summons, complaint, case management conference notice and order, and notice of judge and track assignment at the defendant's last and usual place of abode.
- Event Resulted: Case Management Conference scheduled on: 04/25/2023 10:40 AM Has been: Held via video Hon. Gordon H. Piper, Presiding April 25, 2023. Case management conference held via videoconference. Attorney Peter Guaetta, Esq. appeared for plaintiff. Because plaintiff had not yet completed service on any defendant, nor provided notice of the case management conference to any defendant, court conducted only a preliminary conference to review status of service. This case concerns an allegedly erroneous discharge of a first mortgage on the property located at 111 Holden Street, Holden, Massachusetts ("Property"), which plaintiff asserts was executed by a non-record holder of the mortgage. Attorney Guaetta explained that the current record owner of the Property, defendant Albert Cardwell, III, granted a first mortgage ("First Mortgage") on the property to MERS as nominee for Fleet National Bank in the original principal amount of $136,800.00, which mortgage was recorded on July 23, 2002, with the Worcester County (South) Registry of Deeds ("Registry") in Book 27041, Page 222. Albert Cardwell also granted a home equity line of credit mortgage on the Property, in the original principal amount of $35,000.00, to Bank of America, N.A. on August 1, 2006 ("HELOC Mortgage"). The First Mortgage subsequently was assigned from MERS as nominee for Fleet National Bank to JPMorgan Chase Bank, N.A., on June 1, 2012; was assigned from JPMorgan Chase Bank, N.A. to Federal National Mortgage Association on September 26, 2014; and was assigned from Federal Mortgage Association to U.S. Bank Trust N.A. as Owner Trustee for VRMTG Asset Trust on October 1, 2012. On December 27, 2021, Bank of America, N.A. as Attorney-in-Fact for Federal National Mortgage Association, a party at that time outside the record title for the First Mortgage, recorded a discharge of the First Mortgage with the Registry at Book 66834, Page 300, purporting to release the First Mortgage on the Property. Attorney Guaetta confirmed that plaintiff U.S. Bank Trust, N.A. seeks a declaration that the attempted discharge of the First Mortgage was ineffective, as it was executed by a stranger to the mortgage's record title, and that the First Mortgage remains valid as a current encumbrance on the Property, with first priority position. Because service has not been effectuated on any defendant, court instructed Attorney Guaetta to promptly accomplish service on all defendants and file returns with the court thereafter. Once service has been accomplished, Attorney Guaetta to contact Sessions Clerk Attorney Nicole Foster to request the court schedule an additional case management conference, of which all defendants will have notice and the opportunity to appear and participate. Attorney Guaetta further instructed to timely provide notice of the date, time, and access instructions for any forthcoming case management conference to all defendants. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Peter Vincent Guaetta, Esq. [email protected] Sent On: 04/27/2023 10:06:43
- Affidavit of Service (of Summons and Complaint) on Defendant First Financial Investment Fund, LLC, filed.
- Affidavit of Service (of Summons and Complaint) on Defendant Bank of America, N.A., filed.
- Joint Stipulation to Extend Time for Defendant Bank of America N.A. to File an Answer or Other Responsive Pleading to Plaintiff's Complaint, filed.
- Appearance of Julie A Ranieri, Esq. for Bank of America, N.A., filed
- Answer of Defendant, Bank of American, N.A. to Plaintiff's Verified Complaint, filed.
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant First Financial Investment Fund V, LLC, Bank of America, N.A., filed.
- Defendant, Defendant First Financial Investment Fund V, LLC, Bank of America, N.A. defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Albert A. Cardwell, III, filed.
- Defendant Albert A. Cardwell, III defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.) Judge: Patterson, Deborah J.
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 08/31/2023 Time: 12:15 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Peter Vincent Guaetta, Esq. [email protected] Defendant: Julie A Ranieri, Esq. [email protected] Sent On: 08/03/2023 11:03:57
- Motion for Default Judgment Pursuant to 55(b), filed.
- Memorandum in Support of Motion for Default Judgment Pursuant to 55(b), filed.
- Proposed Final Judgment (in support of Motion for Default Judgment), filed.
- Affidavit as to Military Service (in support of Motion for Default Judgment), filed.
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