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Case Information
Filed
2022-03-09
Status
Closed
Type
Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket
27 entries
Disposition
judgment entered
Parties
Plaintiff
Javindo, Joshua|Yarro, Jennifer A.
Defendant
Gn Mortgage Corporation|First Citizens Bank & Trust Company As
Lawyers
Docket Entries
- vent Resulted: Status Conference scheduled on: 08/09/2022 10:30 AM Has been: Canceled For the following reason: Case Closed Hon. Diane R. Rubin, Presiding
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 429024 Date: 03/09/2022
- and Court surcharge Receipt: 429024 Date: 03/09/2022
- and Court summons Receipt: 429024 Date: 03/09/2022
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he 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] Plaintiff: Denise A Chicoine, Esq. [email protected] Plaintiff: Melissa Dobstaff, Esq. [email protected] null: File Copy Sent On: 03/15/2022 13:24:59
- vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 05/03/2022 Time: 10:00 AM Counsel notified via email.
- tipulation of Dismissal as to Defendant First-Citizens Bank & Trust Company as Successor-In-Interest to Guaranty Bank, S.S.B., filed.
- eturn of Proof of Service on Defendant GN Mortgage Corporation. Defendant served on April 7, 2022.
- ffidavit of Service and Diligent Search, filed.
- ase Management Conference Statement, filed.
- ummons returned to Court with service on GN Mortgage Corporation filed. Served in hand to the true and lawful attorney of the said corporation upon whom of all lawful process may be at the Office of the Secretary of State for the Commonwealth on April 7, 2022.
- vent Resulted: Case Management Conference scheduled on: 05/03/2022 10:00 AM Has been: Case management conference held via videoconference. Attorney Melissa Dobstaff appeared on behalf of the plaintiff. Court is in receipt of the Stipulation of Dismissal as to Defendant First-Citizens Bank & Trust Company as Successor-In-Interest to Guaranty Bank, S.S.B.; Affidavit of Service and Diligent Search; and Case Management Conference Statement. With respect to service, Attorney Dobstaff advised that plaintiffs have served defendant GN Mortgage Corporation, a now defunct corporation, through the Massachusetts Secretary of State, and attempted service through three former officers of the corporation. Following colloquy, Attorney Dobstaff to file a Motion for Alternative Service by Publication. Court confirmed that at issue in this case is a cloud on title created by a missing assignment of mortgage and inquired as to what evidence will be provided to establish that the improperly discharged mortgage was paid off in full and the debt satisfied. Attorney Dobstaff to undertake due diligence to identify such evidence, such as potentially affidavits from the plaintiffs and from prior owners that, while owning the Property, they were never contacted regarding the mortgage at issue or payment thereof and they are aware of no demand for repayment; evidence of repayment such as a HUD Settlement Statement; or an affidavit from the closing attorney attesting that it was his/her standard practice at closing to ensure that the prior mortgage was paid and satisfied. Status conference scheduled for August 9, 2022, at 10:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 08/09/2022 Time: 10:30 AM
- laintiffs' Motion for Publication, filed.
- laintiffs' Motion for Publication ALLOWED. Publication to Issue. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- itation by publication in the The Daily Reporter, returnable 07/18/2022, issued.
- laintiffs' Proof of Publication, filed.
- equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant GN Mortgage Corporation, filed.
- efendant GN Mortgage Corporation defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- laintiffs' Motion for Entry of Final Judgment by Default pursuant to Mass. R. Civ. P. 55(b), filed.
- emorandum in Support of Plaintiffs' Motion for Entry of Final Judgment by Default, filed.
- ffidavit of Andrew S. Jepsky of Mortgage Payoff, filed.
- ffidavit of Stephen McAdams, filed.
- ounsel for Plaintiffs has clarified by email to the court that with respect to use of the name of Plaintiff "Joshua Javindo" as appearing in the case caption and in each filing in this matter, the record should be corrected to reflect the proper spelling of Plaintiff's name as "Joshua Jayindo." Counsel notified via email. Judge: Rubin, Hon. Diane R.
- efault Judgment entered. (Copies emailed to Attorneys Edward Englander, Denise Chicoine, and Melissa Dobstaff) Judge: Rubin, Hon. Diane R.
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