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- Mediation report from Land Court mediation attorney, filed. Mediator was only to reach out recently, however both sides promptly responded and have set up meetings a Mediator requested. Mediator expects both sides to sign Agreement to Mediate.
- Land Court miscellaneous filing fee Receipt: 453042 Date: 08/12/2024
- Land Court surcharge Receipt: 453042 Date: 08/12/2024
- 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 Lis Pendens, filed.
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 09/12/2024 Time: 09:00 AM
- Hearing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 09/12/2024 Time: 09:00 AM
- 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 11:47:24
- Summons returned to Court with service on Bede Mbawuke also known as Bede E. Mbawuike filed. Served by leaving at the last and usual abode on August 24, 2024.
- Summons returned to Court with service on Rosy Mbawuike also known as Rosy I. Mbawuike filed. Served by leaving at the last and usual abode on August 24, 2024.
- Summons returned to Court with service on Santander Bank, N.A. Successor in interest to Sovereign Bank, N.A. formerly known as Sovereign Bank filed. Served by delivering in hand to Minh Ngoc, agent and person in charge at the time of service for Santander Bank, N.A. successor in Interest to Sovereign Bank N.A. fka Sovereign Bank on August 22, 2024.
- Event Resulted: Hearing on Lis Pendens scheduled on: 09/12/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding
- Event Resulted: Case Management Conference and Hearing on Plaintiff's Motion for Memorandum of Lis Pendens scheduled on: 09/12/2024 09:00 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. In this case, the plaintiff wishes to reinstate an erroneously discharged mortgage. The plaintiff reports service has been completed on all parties with no response. Once the return date has passed, the plaintiff may file a request for default under Mass. R. Civ. P. 55(a) and request for default judgment under Mass. R. Civ. P. 55(b). The court finds that 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). The Motion for Memorandum of Lis Pendens is ALLOWED, and the Memorandum of Lis Pendens will be endorsed. A status report regarding potential defaults or an agreement for judgment between the parties is due on October 10, 2024. (Foster, J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Sent On: 09/13/2024 09:12:23
- Memorandum of Lis Pendens, issued and endorsed by the Court. (Copies emailed to Attorney Jessica Babine) Judge: Foster, Hon. Robert B.
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Rosy Mbawuike also known as Rosy I. Mbawuike, filed.
- Plaintiff's Application for Judgment by Default against Defendant Rosy Mbawuike a/k/a Rosy I. Mbawuike (Mass.R.Civ.P.55(b)), filed.
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Santander Bank, N.A. Successor in interest to Sovereign Bank, N.A. formerly known as Sovereign Bank, filed.
- Plaintiff's Application for Judgment by Default against Defendant/Party-In-Interest Santander Bank. N.A. successor in Interest to Sovereign Bank. N.A. f/k/a Sovereign Bank (Mass.R.Civ.P.55(b)), filed.
- Suggestion of Death upon the Record under Rule 25(a)(1), filed.
- Memorandum of Law in Support of Plaintiff's Applications for Judgment by Default, filed.
- (Proposed) Judgment, filed.
- Defendant Rosy Mbawuike also known as Rosy I. Mbawuike, Santander Bank, N.A. Successor in interest to Sovereign Bank, N.A. formerly known as Sovereign Bank defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- Scheduled Judge: Foster, Hon. Robert B. Event: Default Judgment Hearing Date: 11/08/2024 Time: 12:30 PM
- Event Resulted: Hearing scheduled on: 11/08/2024 12:30 PM Has been: Held in person Hon. Robert B. Foster, Presiding November 8, 2024. Default Judgment hearing held. Attorney Jessica Babine appeared via Zoom and Chikwendu Mbawuike appeared in person and was sworn. The court is in receipt of the Power of Attorney indiciating Mr. Mbawuike is acting as attorney in fact for Bede Mbawuike. As the defendant has appeared, the motion for default judgment is DENIED without prejudice. The court encourages the parties to confer and discuss settlement. A status report is due on December 9, 2024. (Foster, J.)
- Power of Attorney pertaining to Rosy Mbawuike, filed.
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Defendant: Rosy Mbawuike also known as Rosy I. Mbawuike 103 Blake Street, Mattapan, MA 02126 Sent On: 11/13/2024 11:59:19
- Status Report, filed.
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Rosy Mbawuike also known as Rosy I. Mbawuike, filed.
- Renewed Plaintiff's Application for Judgment by Default against Defendant Rosy Mbawuike a/k/a Rosy I. Mbawuike (Mass.R.Civ.P.55(b)), filed.
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Santander Bank, N.A. Successor in interest to Sovereign Bank, N.A. formerly known as Sovereign Bank, filed.
- Renewed Plaintiff's Application for Judgment by Default against Defendant/Party-In-Interest Santander Bank. N.A. successor in Interest to Sovereign Bank. N.A. f/k/a Sovereign Bank (Mass.R.Civ.P.55(b)), filed.
- Renewed Suggestion of Death upon the Record under Rule 25(a)(1), filed.
- Renewed Memorandum of Law in support of Plaintiff's Applications for Default Judgment, filed.
- (Proposed) Judgment, filed.
- Statement to the Honorable Court, filed.
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 12/20/2024 Time: 10:30 AM
- Event Resulted: Case Management Conference scheduled on: 12/20/2024 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding Decembre 20, 2024. Status Conference held via Zoom. Attorney Jessica Babine appeared. Chikwendu Reginald Mbwuike appeared. The court treats the statement of issues filed my Mr. Mbwuike as an answer. Therefore, the plaintiff's request for default judgment against Rosy Mbawuke is DENIED. Santander Bank having not appeared is hereby DEFAULTED. The court having reviewed the power of attorney filed by Mr. Mbwuike, it finds that Mr. Mbwuike cannot represent his mother in this case. Ms Mbawuike will need to obtain counsel or will appear before this court herself, with the assistance of her son, if she does not obtain counsel. The court orders Bank of America to provide to Mr. Mbawuke an up-to-date balance of the money owned on the loan in question and to confer with one another about disputed issues. A case management conference is set down for February 28, 2025 at 9:00am 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: Rosy Mbawuike also known as Rosy I. Mbawuike [email protected] Sent On: 12/20/2024 15:12:17
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 02/28/2025 Time: 09:00 AM
- Event Resulted: Case Management Conference scheduled on: 02/28/2025 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding February 28, 2025. Case Management Conference held via Zoom. Attorney Jessica Babine appeared. Chikwendu Reginald Mbawuike appeared and was sworn. Mr. Mbawuike reports that questions still remain after discussion with Attorney Babine. The court refers the parties to in-house Land Court mediator Barbara Macy. A status report is due on April 28, 2025. (Foster, J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Defendant: Rosy Mbawuike also known as Rosy I. Mbawuike [email protected] Sent On: 02/28/2025 16:22:31
- Mediation referral to Attorney Barbara J. Macy, Land Court Mediator, issued. Referred to Mediation. Instructions to Mediator: n/a. Report back to Court on or before April 28, 2025. Judge: Foster, Hon. Robert B.
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