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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-04-14
Status Open
Type Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket 9 entries

Parties

Plaintiff Trans Am Holding, Llc
Defendant Gateway Funding Diversified Mortgage Services L.p.|Gundersen, Van Le|Hoang, Ngoctrang Thi|Le, Xuandao Thi

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 440145 Date: 04/14/2023
  4. Land Court surcharge Receipt: 440145 Date: 04/14/2023
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Shylah N Maloney, Esq. [email protected] Sent On: 04/20/2023 15:16:17
  7. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 06/02/2023 Time: 11:00 AM Counsel notified via email.
  8. Plaintiff's Case Status Statement, filed.
  9. Event Resulted: Case Management Conference scheduled on: 06/02/2023 11:00 AM Has been: Case management conference held via videoconference. Attorney Shylah Maloney appeared on behalf of the plaintiff and Defendants Xuandao Le, Van Le Gundersen, and Ngoctrang Hoang ("Individual Defendants") each appeared pro se. Court is in receipt of Plaintiff's Case Status Statement. Court first explained to Individual Defendants what being a pro se party entails, including that the same rules of evidence and procedure apply to both represented and pro se litigants, and that the court cannot provide any legal assistance or advice. Court further advised them of the limited assistance representation ("LAR") program, and encouraged them to file Notices of Appearance in this case, so as to receive copies of filings and be provided an opportunity to be heard. By way of background, Attorney Maloney advised that Plaintiff has possession of the note secured by a second mortgage (the "Second Mortgage") granted by Van Le Gundersen on the property at 20 Carpenter Street, Attleboro, and now seeks equitable assignment of that Second Mortgage. Attorney Maloney further advised that the note is now delinquent, and Defendants explained that they understood the Second Mortgage to have been extinguished when the first mortgage was refinanced and that they have not received any notices related to the Second Mortgage. Attorney Maloney advised that she is working with her client to obtain any copies of notices sent regarding the Second Mortgage, and court encouraged the parties to consider settlement discussions and a potential loan modification to reach a mutually agreeable resolution. Following colloquy, Plaintiff to file an Amended Complaint naming the holder of the first mortgage as a party, with Plaintiff to consider filing a verified complaint. With respect to service, Attorney Maloney to file returns of service with the court, as well as an Affidavit of Due Diligence outlining all efforts to locate and serve Defendant Gateway Funding Diversified Mortgage Services L.P., or the partners thereof, along with a Motion for Service by Publication, as may be appropriate. Status conference scheduled for July 26, 2023, at 10:00 A.M. Hon. Diane R. Rubin, Presiding Counsel and Pro Se defendants notified via email.

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