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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-12-20
Status Closed
Type Equitable Remedies|Declaratory Judgment G.l. C. 231 A
Docket 22 entries

Parties

Plaintiff Martin, Barbara
Defendant Citizens Bank

Lawyers

Docket Entries

  1. Attorney appearance On this date Michaila M Fraser, Esq. added as Private Counsel for Plaintiff Barbara Martin
  2. Case assigned to: DCM Track A - Average was added on 12/20/2022
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Plaintiff(s) Barbara Martin's Motion for a Preliminary Injunction and Short Order of Notice on Hearing; filed and summons and short order of notice to issue returnable December 28, 2022 at 2:00PM (O'Shea, J.)
  6. Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 12/28/2022 02:00 PM Hearing on Preliminary Injunction. Judge: O'Shea, Hon. Daniel J.
  7. Attorney appearance On this date Jeffrey J Hardiman, Esq. added as Limited Appearance Counsel for Defendant Citizens Bank Formerly Known As RBS Citizens, N.A. s/b/m Citizens Banks of Massachusetts On this date Michael R Hagopian, Esq. added as Limited Appearance Counsel for Defendant Citizens Bank Formerly Known As RBS Citizens, N.A. s/b/m Citizens Banks of Massachusetts
  8. Attorney appearance On this date Michael R Hagopian, Esq. added as Limited Appearance Counsel for Defendant Citizens Bank Formerly Known As RBS Citizens, N.A. s/b/m Citizens Banks of Massachusetts
  9. Attorney appearance On this date Jeffrey J Hardiman, Esq. added as Limited Appearance Counsel for Defendant Citizens Bank Formerly Known As RBS Citizens, N.A. s/b/m Citizens Banks of Massachusetts
  10. Event Result:: Hearing on Preliminary Injunction scheduled on: 12/28/2022 02:00 PM Has been: Rescheduled For the following reason: Transferred to another session Hon. Daniel J. O'Shea, Presiding
  11. Opposition to Motion for Preliminary Injunction filed by Citizens Bank Formerly Known As RBS Citizens, N.A. s/b/m Citizens Banks of Massachusetts
  12. Affidavit in Support of Objection to Preliminary Injunction
  13. Citizens Bank Formerly Known As RBS Citizens, N.A. s/b/m Citizens Banks of Massachusetts's Memorandum Memorandum in Support of Defendants' Objection to Motion for Preliminary Injunction
  14. Event Result:: Hearing on Preliminary Injunction scheduled on: 12/28/2022 02:00 PM Has been: Held as Scheduled Comments: FTR Hon. Elizabeth Dunigan, Presiding
  15. Endorsement on Motion for Preliminary Injunction And Short Order Of Notice On Hearing (#3.0): Other action taken Stayed until further order of the court (see Court Order regarding Plaintiff's Motion for Preliminary Injuction, dated December 28, 2022). Matter Continued to February 7, 2023 at 2:00 p.m. for status.
  16. MEMORANDUM & ORDER: After consideration of the arguments and the exhibits THE COURT MAKES THE FOLLOWING FINDINGS AND ORDER in accordance with the Mass. R. Civ.P. 65(a)(b) and (d). 1. The Foreclosure auctioning of the home at 57 Vinton Terrace, Rockland, MA 02370 is set for tomorrow December 29, 2022. The Court hereby ORDERS the auction be postponed until February 2, 2023. 2. The Plaintiff is ORDERED to pay by February 1, 2023 the full amount of the mortgage is default for the loan ending in 8392. The amount to be paid will be the total amount to cure the default at the time of payment and said payment shall include the January 2023 payment. The total amount due will be provided by counsel for the defendant to plaintiff's counsel. The Court and the parties anticipate this amount shall be approximately $55,000.00. 3. The Court ORDERS that the amount of payment to cure the default shall not include the $25,000.00 payment recently paid by the plaintiff to the defendant under a separate loan ending in 2659. 4. If the total amount to cure the default is not paid by February 1, 2023 the defendant is entitled to proceed with foreclosure. 5. The ALLOWANCE of any preliminary injunction is STAYED until further order of the court, following a hearing post February 1, 2023. Judge: Dunigan, Hon. Elizabeth 12/29/2022 cc; M.F, J.H, M.H.
  17. Defendant Citizens Bank Formerly Known As RBS Citizens, N.A. s/b/m Citizens Banks of Massachusetts's Motion to large time file answer
  18. Endorsement on Motion to Enlarge time to file Answer (#10.0): ALLOWED Judge: Glenny, Hon. Brian
  19. Plaintiff Barbara Martin's Motion to dismiss
  20. The following form was generated: Notice to Appear for Rule 16 Status Conference (p9) and Motion to Dismiss (p11) at 2/22/23 at 2:00p.m. Sent On: 02/07/2023 14:32:32
  21. Event Result:: Hearing scheduled on: 02/07/2023 02:00 PM Has been: Rescheduled For the following reason: Joint request of parties Hon. Brian Glenny, Presiding
  22. Party(s) file Stipulation for voluntary dismissal Applies To: Hagopian, Esq., Michael R (Attorney) on behalf of Citizens Bank Formerly Known As RBS Citizens, N.A. s/b/m Citizens Banks of Massachusetts (Defendant); Fraser, Esq., Michaila M (Attorney) on behalf of Martin, Barbara (Plaintiff)

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