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Case Information
Filed
2024-08-09
Status
Closed
Type
E Filed Ota Other
Docket
15 entries
Disposition
judgment entered
Parties
Plaintiff
Bank Of America, N.a., Successor By Merger To Fleet National Bank
Defendant
Owens, Lisa M
Lawyers
Docket Entries
- Judgment Recorded with Suffolk County Registry of Deeds at Book 71007, Page 124.
- Land Court surcharge Receipt: 452987 Date: 08/09/2024
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Verified Complaint eFiled.
- Motion for Memorandum of Lis Pendens, filed.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Sent On: 08/28/2024 09:53:25
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 10/01/2024 Time: 02:15 PM (in-person in Boston) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Sent On: 08/28/2024 09:55:28
- Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Piper, Hon. Gordon H. Event: Hearing on Lis Pendens Date: 10/01/2024 Time: 02:15 PM (in-person in Boston)
- Summons returned to Court with service on Lisa M Owens filed. Service on September 9, 2024 at last and usual place of abode.
- Plaintiff's Statement (for Case Management Conference), filed.
- Event Resulted: Case Management Conference and Hearing on Lis Pendens scheduled on: 10/01/2024 02:15 PM Has been: Held in person Hon. Gordon H. Piper, Presiding October 1, 2024. Case Management Conference and hearing on plaintiff's Motion for Endorsement of Memorandum of Lis Pendens held. Attorney Jessica Babine appeared for the plaintiff. Defendant appeared on her own behalf. This case concerns an allegedly erroneous discharge of an open-ended mortgage on the property located at 97 Ruthven Street, Dorchester, Massachusetts ("Property"); plaintiff asserts that the discharge was executed by mistake or inadvertence and should be invalidated. According to Bank of America's Verified Complaint, on December 30, 2002, the current Property owner of record, defendant Lisa M. Owens, granted an open-ended home equity line of credit mortgage ("HELOC Mortgage") on the Property to Fleet National Bank (predecessor-in-interest to Bank of America) in the maximum principal amount of $75,000.00, which mortgage was recorded on March 17, 2002, with the Suffolk Registry of Deeds ("Registry") in Book 30860, Page 161. On January 14, 2022, First American Mortgage Solutions, LLC, as Attorney-in-Fact for Bank of America, recorded a release of the HELOC Mortgage ("Discharge") with the Registry at Book 67027, Page 172, purporting to discharge the HELOC Mortgage on the Property. Bank of America contends that it did not intend to discharge the mortgage, that the Discharge was recorded erroneously, and that the loan secured by the HELOC Mortgage has not been paid in full but is current, with an outstanding active balance. Attorney Babine and Ms. Owens confirmed that they have conferred, and that Ms. Owens is amenable to entering into an agreement through which the HELOC Mortgage is revived and the Discharge is invalidated. Ms. Owens reported that she continues to pay the loan underlying the HELOC Mortgage and is current on that obligation. Ms. Owens also informed the court that the Property is subject to a separate, first mortgage ("First Mortgage"), which is also current and in good standing. The parties agreed that the HELOC Mortgage was subject to a subordination agreement whereby it was established as second in priority to the First Mortgage on the Property. Attorney Babine indicated that the pending motion for endorsement of memorandum of lis pendens may not be necessary if the parties are able to reach a prompt agreement for judgment. Nonetheless, the court, after hearing and review of the verified complaint, is satisfied that this cause of action is one that necessarily affects title to the Property and therefore meets the requirements of G. L. c. 184, 15. Motion for endorsement of memorandum of lis pendens is ALLOWED. At the parties' request, the court will defer issuing a judicial endorsement of memorandum of lis pendens unless and until Attorney Babine requests issuance, without the need for additional hearing. Parties instructed to collaborate in reaching a draft agreement for judgment. Thereafter, Attorney Babine instructed to file with the court a Motion for Approval of Agreement for Judgment pursuant to Land Court Rule 10, with a proposed Agreement for Judgment. The court will act on said motion without additional hearing unless requested by the parties. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Sent On: 10/03/2024 10:23:32 Email notice to counsel on 10/3/2024.
- Agreement for Judgment filed by Bank of America and Lisa Owens.
- Order Approving Agreement for Judgment, issued. (Copies emailed to Attorney Jessica Babine) Judge: Piper, Hon. Gordon H.
- Judgment entered for Confirmation and Registration at ten o'clock and 30 minutes in the forenoon. Sent memorandum of disposal and certified copy of Judgment to Assistant Recorder of the Suffolk County Registry of Deeds for transcription if record found clear. Recorded at Book 71007, Page 124.
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