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Case Information
Filed
2024-08-09
Status
Closed
Type
E Filed Ota Other
Docket
29 entries
Disposition
judgment entered
Parties
Plaintiff
Bank Of America, N.a., Successor By Merger To Fleet National Bank
Defendant
Foster, Claire
Lawyers
Docket Entries
- Default Judgment entered. (Copies emailed to Attorney Babine and Claire Foster) Judge: Foster, Hon. Robert B.
- Land Court miscellaneous filing fee Receipt: 453000 Date: 08/09/2024
- Land Court surcharge Receipt: 453000 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.
- Motion for Memorandum of Lis Pendens, filed.
- The case has been assigned to the A Track. Notice sent. Judge: Foster, Hon. Robert B. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Sent On: 08/20/2024 12:15:59
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 09/12/2024 Time: 10:00 AM
- Hearing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 09/12/2024 Time: 10:00 AM
- Summons returned to Court with service on Claire Foster also known as Claire J. Foster filed. Served by leaving at the last and usual abode on August 26, 2024
- Event Resulted: Hearing on Lis Pendens scheduled on: 09/12/2024 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding
- Event Resulted: Hearing on Plaintiff's Motion for Memorandum of Lis Pendens and Case Management Conference scheduled on: 09/12/2024 10:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding September 12, 2024. Hearing on Plaintiff's Motion for Memorandum of Lis Pendens and Case Management Conference held via Zoom. Attorney Jessica Babine appeared. Claire Foster appeared Pro Se and was sworn. Early Intervention event held. In this case, the plaintiff wishes to reinstate an erroneously discharged mortgage. The plaintiff reports service has been completed on all parties. The Court explained to Ms. Foster the premise of this case and advises her to obtain an attorney in order to assist her during this litigation. The Court makes a finding that as the subject matter of this action constitutes a claim of a right to title to real property or the use and occupation thereof, and that the complaint is verified as required by G.L. c. 184, 15(b). Pursuant to 15(b), the court declines to endorse the Memorandum of Lis Pendens, bur rather ORDERS Ms. Foster not to convey or otherwise encumber the subject property until further order of the court. A status conference is set down for October 10, 2024 at 9:45am by Zoom to discuss next steps. (Foster, J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Defendant: Claire Foster also known as Claire J. Foster [email protected] Sent On: 09/13/2024 09:32:52
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Foster, Hon. Robert B.
- Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 10/10/2024 Time: 09:45 AM
- Event Resulted: Status Conference scheduled on: 10/10/2024 09:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding October 10, 2024. Status Conference held via Zoom. Attorney Jessica Suzanne Babine appeared. Claire Foster appeared Pro Se and was sworn. The parties report they are discussing settlement. If a settlement is reached, an agreement for judgment will be submitted to the Court. Ms. Foster requests that Bank of America provide a statement indicating her current mortgage has no outstanding balances. Bank of America agrees to submit via email to Ms. Foster confirmation her account is paid in full up to date. A status conference is set down for November 19, 2024 at 12:00pm by Zoom. (Foster, J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Defendant: Claire Foster also known as Claire J. Foster [email protected] Sent On: 10/11/2024 09:06:02
- Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 11/19/2024 Time: 12:00 PM
- Event Resulted: Status Conference scheduled on: 11/19/2024 12:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding October 10, 2024. Status Conference held via Zoom. Attorney Jessica Suzanne Babine appeared. As plaintiff has provided Ms. Foster with confirmation that her loan is current and not in default, and Ms. Foster has not communicated with the plaintiff nor appeared at this hearing, this case will move forward towards an entry of default and default judgment. The plaintiff will enter Ms. Foster's default and file request for entry of default judgment. The default judgment hearing is set down for January 7, 2025 at 11:30am by Zoom. Notice of the motion and the default judgment hearing shall be given to Ms. Foster at least 14 days prior to that hearing. (Foster, J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Defendant: Claire Foster also known as Claire J. Foster [email protected] Sent On: 11/20/2024 09:20:55
- Scheduled Judge: Foster, Hon. Robert B. Event: Hearing Date: 01/07/2025 Time: 11:30 AM
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Claire Foster also known as Claire J. Foster, filed.
- Plaintiff's Application for Judgment by Default against Defendant Claire Foster a/k/a Claire J. Foster (Mass.R.Civ.P.55(b)), filed.
- Memorandum of Law in support of Plaintiff's Application for Judgment by Default against Defendant Claire Foster a/k/a Claire J. Foster, filed.
- (Proposed) Judgment, filed.
- Plaintiff Claire Foster also known as Claire J. Foster defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- Certificate of Service, filed.
- Event Resulted: Hearing scheduled on: 01/07/2025 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 7, 2025. Default Judgment Hearing held via Zoom. Attorney Jessica Suzanne Babine appeared. As Ms. Foster has not appeared and the Plaintiff has provided 14 days' notice of this hearing, the Plaintiff's motion for Default Judgment is ALLOWED. The plaintiff is instructed to submit an affidavit of service indicating service has been completed within the 14-day time line and once submitted, judgment will enter. (Foster, J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Defendant: Claire Foster also known as Claire J. Foster [email protected] Sent On: 01/08/2025 09:22:48
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