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Case Information
Filed
2023-05-22
Status
Open
Type
Ota Other
Docket
14 entries
Parties
Plaintiff
Bank Of America, N.a.,
Defendant
Ribeiro, Daniel|Ribeiro, Lucia M.
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 441213 Date: 05/22/2023
- Land Court surcharge Receipt: 441213 Date: 05/22/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The 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] Sent On: 05/31/2023 13:02:36
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 06/28/2023 Time: 10:00 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Denise A Chicoine, Esq. [email protected] Plaintiff: Edward Steffens Englander, Esq. [email protected] Sent On: 05/31/2023 13:07:11
- Case Management Conference Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 06/28/2023 10:00 AM Has been: Held via video Hon. Gordon H. Piper, Presiding June 28, 2023. Case Management Conference held via videoconference. Attorney Edward Englander, Esq. appeared for plaintiff Bank of America, N.A., Successor by Merger to Fleet National Bank. Because plaintiff had not yet completed service on any defendant, court conducted only a preliminary conference to review status of service. This case concerns an allegedly erroneously discharged mortgage on the property known as and located at 13 Domenick Street, Milford, Massachusetts ("Property"). Defendants Daniel and Lucia Ribiero purchased the Property on April 17, 2003 by deed recorded in the Worcester County (South) Registry of Deeds ("Registry") on May 9, 2003, in Book 29978, Page 43. On April 15, 2005, the defendants granted an "open-end mortgage" of the property to plaintiff's predecessor in interest, Fleet Bank, to secure their obligations under an open end credit agreement in the maximum principal amount of $150,150.00, which mortgage was recorded on May 16, 2005 at the Registry in Book 36331, Page 76 ("Mortgage"). Attorney Englander is unaware of other liens or encumbrances on the Property or the particular circumstances surrounding the claimed erroneous discharge. Attorney Englander attempted service on the defendants by sheriff at the Property address, but was informed by the sheriff's office that the home previously on that property has been razed. Attorney Englander instructed to conduct additional research to determine whether the Property has been sold by the defendants, to identify an additional addresses for service on the defendants, and to re-attempt service on the defendants. Attorney Englander to file written report with the court by July 17, 2023, indicating the result of those efforts, including whether service has been accomplished on the defendants, after which the court will schedule additional hearing if necessary. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made through the Tyler eFiling Portal or my mailing of hard copies to the court. (Piper, C.J.). Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 06/29/2023 13:03:25
- Summons returned to Court without service on Daniel Ribeiro filed. Service attempted on July 6, 2023.
- Summons returned to Court without service on Lucia M. Ribeiro filed. Service attempted on July 6, 2023.
- Affidavit of Borrowers to Consent to Reinstatement of Mortgage, filed.
- Summons returned to Court with service on Daniel Ribeiro filed. Service on July 6, 2023 at last and usual place of abode.
- Summons returned to Court with service on Lucia M. Ribeiro filed. Service on July 6, 2023 at last and usual place of abode.
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