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Case Information
Filed
2023-06-01
Status
Closed
Type
Mwa Recover Freehold Estate (writ Of Entry), G.l. Chapter 237
Docket
17 entries
Parties
Plaintiff
Polansky, Jonathan
Defendant
Moulaye, Abdallah|Bank Of America, N.a.|Fleet National Bank
Lawyers
Docket Entries
- Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 441473 Date: 06/01/2023
- Land Court surcharge Receipt: 441473 Date: 06/01/2023
- Land Court summons Receipt: 441473 Date: 06/01/2023
- 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: Seth H Hochbaum, Esq. [email protected] Plaintiff: Tyler OMeara Casey, Esq. [email protected] Sent On: 06/06/2023 10:06:32
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 06/28/2023 Time: 10:20 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Tyler OMeara Casey, Esq. [email protected] Plaintiff: Seth H Hochbaum, Esq. [email protected] Sent On: 06/06/2023 10:10:50
- Event Resulted: Case Management Conference scheduled on: 06/28/2023 10:20 AM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Gordon H. Piper, Presiding
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 06/26/2023 Time: 11:15 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Tyler OMeara Casey, Esq. [email protected] Plaintiff: Seth H Hochbaum, Esq. [email protected] Sent On: 06/06/2023 15:05:07
- Plaintiff's Motion to Continue Case Management Conference, filed.
- Notice of Docket Entry: June 16, 2023. The plaintiff's motion to continue the case management conference currently on the court's calendar to be held via ZOOM on Monday, June 26, 2023 at 11:15 am, is DENIED. The plaintiff is reminded of his obligation to share the ZOOM access information for the conference with the parties defendant, whether or not the formal service of process of the summons and complaint has been accomplished, and to attempt to collaborate with the defendants in the preparation of a case management conference statement, if possible. In the event the defendants are unable or unwilling to be contacted and to participate, the court will, at a minimum, review with plaintiff's counsel the status of service in the case and the presence in the case of the parties necessary for full adjudication. The court will, if necessary, schedule a further case management conference once service is complete and any defendant answers or otherwise appears in opposition to the complaint. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Seth H Hochbaum, Esq. [email protected] Plaintiff: Tyler OMeara Casey, Esq. [email protected] Sent On: 06/16/2023 12:58:36
- Case Management Conference Joint Statement, filed.
- Appearance of Erich J Hasselbacher, Esq. for Bank of America, N.A., Fleet National Bank, filed
- Appearance of Michael R Hagopian, Esq. for Bank of America, N.A., filed
- Event Resulted: Case Management Conference scheduled on: 06/26/2023 11:15 AM Has been: Held via video Hon. Gordon H. Piper, Presiding June 26, 2023. Case Management Conference held via videoconference. Attorney Seth Hochbaum, Esq. appeared for the plaintiff. Attorney Michael Hagopian, Esq. appeared for the defendant, Bank of America, N.A. Attorney Hagopian instructed to file at once a notice of appearance with the court. Because service of process had not yet been completed as to all defendants, the court conducted only a preliminary conference, to review the status of service and to gain a general understanding of what the case concerns to determine if all necessary parties have been named. This case concerns a single condominium unit known as and located at 42 West Baltimore Street, Unit No. 26, Lynn, Massachusetts, part of the West Baltimore Street Condominium ("Property"). The Property previously was owned of record by defendant Abdallah Moulaye, pursuant to a unit deed dated November 19, 2004, and recorded with the Essex County (South) Registry of Deeds ("Registry") in Book 23648, Page 517 on November 19, 2004, and a confirmatory unit deed dated November 24, 2004, and recorded with the Registry in Book 23725, Page 101 on December 8, 2004. The Property was burdened by a mortgage granted to defendant Bank of America, N.A. (f/k/a Fleet National Bank) by the defendant Abdallah Moulaye dated November 19, 2004 and recorded with the Registry in Book 23648, Page 451. Counsel did not agree on the outstanding balance due under the mortgage, with Attorney Hagopian estimating the balance at $95,000.000 and Attorney Hochbaum estimating the balance at $210,000.000. The Trustees of the West Baltimore Street Condominium Trust ("Trust") brought in the Lynn District Court an action against defendant Abdallah Moulaye, pursuant to G.L.c. 183A, sections 6(a-c) and G.L.c. 254, sections 5 and 5A, on February 11, 2022. Although defendant Bank of America was not a party to that litigation, it was provided notice of the action. On June 27, 2022, judgment entered for the Trust in Lynn District Court in the amount of $18,060.25 (for unpaid common expenses and interest thereon), and a Writ of Execution of Money Judgment in that amount issued. Subsequently, the Property was sold at public auction to satisfy the judgment against defendant Abdallah Moulaye, who is believed to currently reside in Virginia. Plaintiff Polansky successfully bid on the Property at the public auction, and now brings this action seeking a declaration from the court affirming the validity of the sale of the Property to plaintiff and that he holds title to the condominium unit coming out of that sheriff's sale, free of any interests of defendant Moulaye. Plaintiff and the defendant bank have agreed that plaintiff's title to the unit remains subject to defendant Bank of America's mortgage. Attorney Hochbaum confirmed that defendant Abdallah Moulaye was served and filed an answer in the previous litigation in Lynn District Court, and that service in Virginia has been attempted on him in this case by sheriff. Attorney Hochbaum expects a return of service promptly, and is instructed to inform the court when service has been accomplished on Abdallah Moulaye. If there are any concerns about proper service, Attorney Hochbaum may choose to file a motion for alternative service by publication or the court may so order. If defendant Abdallah Moulaye fails to appear timely once successful service has been made (including, if necessary, by publication), plaintiff to request default enter under Mass. R. Civ. P. 55(a) against all parties not timely filing an answer or responsive pleading. Upon entry of default, plaintiff to file request pursuant to Mass. R. Civ. P. 55(b)(2) for default judgment. Alternatively, if defendant Abdallah Moulaye appears or answers, parties promptly to request, in writing, further case management conference. Counsel who participated in the conference agreed to accept electronic service of documents filed in this case. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically using the Tyler eFiling Portal, or by mailing of hard copies to the court. (Piper, C.J.) Notice of Docket Entry sent to: Plaintiff: Seth H Hochbaum, Esq. [email protected] Plaintiff: Tyler OMeara Casey, Esq. [email protected] Defendant: Michael R Hagopian, Esq. [email protected] Defendant: Erich J Hasselbacher, Esq. [email protected]
- Stipulation of Dismissal, filed.
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