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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-06-29
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 40 entries
Disposition judgment entered

Parties

Plaintiff Jp Morgan Chase Bank, N.a.,
Defendant Norton, Birch S.|Jennifer, Norton M.|First Financial, Inc.|Sib Mortgage Corp.,|One Congress Street|Stendahl, Max|Stendahl, Meredith|Ffi Mortgage, Inc.

Lawyers

Docket Entries

  1. efault and Agreed Judgment (Land Court Rule 10) entered. (Copies emailed to Attorney Kevin Murch) Judge: Smith, Hon. Kevin T.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 432145 Date: 06/29/2022
  4. and Court surcharge Receipt: 432145 Date: 06/29/2022
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Denzil D McKenzie, Esq. [email protected] Defendant: Birch S. Norton No addresses available Defendant: Norton M. Jennifer No addresses available Defendant: First Financial, Inc. No addresses available Defendant: SIB Mortgage Corp., doing business as Ivy Mortgage Company No addresses available Sent On: 07/22/2022 10:07:27
  7. vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 08/22/2022 Time: 10:30 AM
  8. ummons returned to Court with service on Norton M. Jennifer filed. Left at last and usual place of abode on 7/15/2022.
  9. ummons returned to Court with service on Birch S. Norton filed. Delivered in hand on 7/15/2022.
  10. laintiff's Case Management Conference Statement, filed (by email).
  11. vent Resulted: Case Management Conference scheduled on: 08/22/2022 10:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding August 22, 2022. Case management conference held by videoconference. Early intervention event held. Attorney Denzil D. McKenzie appeared for the plaintiff. No other party appeared. The plaintiff has brought this action pursuant to G. L. c. 240, 6-10 to cure a defect in the title to the subject property located in Ipswich which has been created by two missing assignments. Attorney McKenzie has filed proofs of service for defendants Birch S. Norton and Jennifer M. Norton but represented that he is still trying to serve corporate defendants First Financial, Inc. and SIB Mortgage Corp. Attorney McKenzie further represented that he intends to file a motion for service by publication pursuant to G. L. c. 240, 7, accompanied by affidavit(s) of diligent search, upon which the court may act without a hearing unless otherwise ordered. (Smith, J.).
  12. ummons returned to Court with service on One Congress Street filed. Left at last and usual place of abode on September 21, 2022.
  13. ummons returned to Court with service on First Financial, Inc. filed. Left at last and usual place of abode on August 5, 2022.
  14. laintiff's Motion for Service by Publication, filed (by email).
  15. laintiff's Motion for Service by Publication, ALLOWED (Smith, J.). Judge: Smith, Hon. Kevin T.
  16. itation by publication in the Boston Globe/Herald or Mass Law.Wkly, returnable 03/13/2023, issued.
  17. otion to Withdraw, filed.
  18. ppearance of Kevin L Murch, Esq. for JPMorgan Chase Bank, N.A., Successor by Merger to Chase Home Finance, LLC, successor by merger to Chase Manhattan Mortgage Corporation, filed
  19. otion of Denzil D McKenzie, Esq. to Withdraw Appearance for JPMorgan Chase Bank, N.A., Successor by Merger to Chase Home Finance, LLC, successor by merger to Chase Manhattan Mortgage Corporation Allowed.
  20. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 08/15/2023 Time: 09:00 AM
  21. vent Resulted: Status Conference scheduled on: 08/15/2023 09:00 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Kevin T. Smith, Presiding
  22. cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 09/12/2023 Time: 09:00 AM
  23. vent Resulted: Status Conference scheduled on: 09/12/2023 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding September 12, 2023. Status conference held via videoconference. Attorney Kevin Murch appeared for the plaintiff. No other party appeared. Attorney Murch stated that he had recently taken over this case and he was concerned that the incorrect defendants had been named, as he had spoken with the named defendants and they informed him that they had sold the property two years ago and no longer had any interest in it. Attorney Murch indicated that he wanted to amend the complaint to dismiss the claims against the current named defendants and bring claims against the correct defendants. Following discussion, the court instructed Attorney Murch to file a motion to amend the complaint with an amended complaint simultaneously, and the court will allow said motion upon its filing. (Smith, J.).
  24. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Denzil D McKenzie, Esq. [email protected] Plaintiff: Kevin L Murch, Esq. [email protected] Sent On: 09/12/2023 11:05:44
  25. otion for Leave to File Amended Complaint, filed.
  26. mended Complaint, filed.
  27. otice of Docket Entry: December 12, 2023. Motion for Leave to File Amended Complaint is ALLOWED. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Denzil D McKenzie, Esq. [email protected] Plaintiff: Kevin L Murch, Esq. [email protected] Sent On: 12/14/2023 10:31:39
  28. mended Complaint, filed.
  29. ffidavit of Non-Service on FFI Mortgage, Inc., filed.
  30. ffidavit of Service on Max Stendahl, filed. Served in hand on January 16, 2024.
  31. ffidavit of Service, filed. Service on Meredith Stendahl in hand to husband on January 16, 2024.
  32. laintiff's Second Motion for Appointment of Special Process Server, filed.
  33. ebruary 2 2024. Plaintiff's Second Motion for Appointment of Special Process Server, ALLOWED. (Patterson, R.) (MAA) Judge: Patterson, Deborah J. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin L Murch, Esq. [email protected] Sent On: 02/02/2024 15:41:36
  34. ssent of Defendant FFI Mortgage, Inc. to Plaintiff's Request for Relief, filed.
  35. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Max Stendahl, Meredith Stendahl, filed.
  36. efendant Max Stendahl, Meredith Stendahl defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.) Judge: Patterson, Deborah J.
  37. laintiff's Motion for Default Judgment and Final Judgment Entry, filed.
  38. cheduled Judge: Smith, Hon. Kevin T. Event: Plaintiff's Motion for Default Judgment and Final Judgment Entry Date: 01/22/2025 Time: 10:00 AM
  39. vent Resulted: Motion scheduled on: 01/22/2025 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding January 22, 2025. Motion Hearing held via videoconference. Attorney Kevin Murch appeared for the Plaintiff. No other party appeared. This is an action pursuant to G. L. c. 240, 6-10 to cure a defect in the title to the subject property located in Ipswich, which has been created by two missing assignments of a mortgage. The court indicated his willingness to approve Attorney Murch's Motion for Default Judgment but sought to clarify several issues with counsel regarding his proposed judgment. Counsel explained that the discharged mortgage was given by the Nortons, who then sold the property to the Stendahls, the current owners of the property, and that the Plaintiff is not seeking relief against the Stendahls. Counsel also explained that in August 2024, Defendant FFI assented to the Plaintiff's Request for Relief. The court requested that counsel send the Word version of his proposed judgment to the court so that any necessary revisions can be made before the judgment issues. (Smith, J.).
  40. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kevin L Murch, Esq. [email protected] Sent On: 01/24/2025 16:18:21

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