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Case Information
Filed
2024-08-09
Status
Closed
Type
E Filed Ota Other
Docket
22 entries
Disposition
judgment
Parties
Plaintiff
Bank Of America, N.a., Successor By Merger To Fleet National Bank
Defendant
Mc Gowan, James R|Mc Gowan, Tammy
Lawyers
Docket Entries
- Agreement for Judgment approved by the Court.
- Land Court surcharge Receipt: 452990 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: 08/15/2024 09:56:37
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 10/02/2024 Time: 11:30 AM Counsel notified via email.
- Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Rubin, Hon. Diane R. Event: Hearing on Lis Pendens VIA ZOOM Date: 10/02/2024 Time: 11:30 AM Counsel notified via email.
- Summons returned to Court with service on James R McGowan filed. Served at the last and usual place of abode and by mailing first class mail on September 21, 2024.
- Summons returned to Court with service on Tammy McGowan filed. Served at the last and usual place of abode and by mailing first class mail on September 21, 2024.
- Event Resulted: Case Management Conference scheduled on: 10/02/2024 11:30 AM Has been: Continued For the following reason: Request of Defendant(s) and by agreement of the court and counsel. Hon. Diane R. Rubin, Presiding
- Event Resulted: Hearing on Lis Pendens scheduled on: 10/02/2024 11:30 AM Has been: Continued For the following reason: Request of Defendant(s) and by agreement of the court and counsel. Hon. Diane R. Rubin, Presiding
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 11/06/2024 Time: 10:30 AM VIA ZOOM. Counsel and Defendant notified via email.
- Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Rubin, Hon. Diane R. Event: Hearing on Lis Pendens Date: 11/06/2024 Time: 10:30 AM VIA ZOOM. Counsel and Defendant notified via email.
- Event Resulted: Case Management Conference scheduled on: 11/06/2024 10:30 AM Has been: Held via video Hon. Diane R. Rubin, Presiding
- Event Resulted: Hearing on Lis Pendens scheduled on: 11/06/2024 10:30 AM Has been: Initial Case Management Conference and hearing on Lis Pendens held via videoconference. Attorney Jessica Babine appeared on behalf of the plaintiff and defendant James McGowan appeared pro se. Defendant Tammy McGowan failed to appear. Court is in receipt of the Verified Complaint and Motion for Memorandum of Lis Pendens. Court noted that Tammy and James McGowan had not filed appearances in this case, with Mr. McGowan advising that he and his wife intend to reach an agreement with plaintiff to revive the erroneously discharged mortgage. Court encouraged Mr. McGowan to retain counsel and advised as to 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. Attorney Babine advised that a proposed agreement for judgement was sent to the defendants, and she is awaiting their signatures and return to her for filing. In light of the defendants' delay in finalizing a resolution with the plaintiff and finding that the action constitutes a claim of a right to title, use, or occupation of real property or the buildings thereon, pursuant to G.L. c. 184, 15, the court ALLOWED the Motion for Memorandum for Lis Pendens. Attorney Babine agreed to hold and refrain from recording the court's endorsement of the memorandum of lis pendens until November 20, 2024, to afford defendants an opportunity to sign and return the agreement for judgment. Status conference scheduled for December 18, 2024, at 2:00P.M. Hon. Diane R. Rubin, Presiding Counsel and Defendants notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 12/18/2024 Time: 02:00 PM
- Memorandum of Lis Pendens, Issued. Copies sent via email to counsel and defendant. Judge: Rubin, Hon. Diane R.
- Motion for Approval of Agreement for Judgment, filed.
- Event Resulted: Status Conference scheduled on: 12/18/2024 02:00 PM Has been: Canceled Hon. Diane R. Rubin, Presiding
- Order Approving Agreement for Judgment (Land Court Rule 10) issued. (Copies emailed to Attorney Jessica Babine) Judge: Rubin, Hon. Diane R.
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