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Case Information
Filed
2024-08-13
Status
Closed
Type
E Filed Ota Other
Docket
21 entries
Disposition
dismiss
Parties
Plaintiff
Bank Of America, N.a., Successor By Merger To Fleet National Bank
Defendant
Boelsen, Michelle
Lawyers
Docket Entries
- Notice of Dismissal - Mass.R.Civ.P.41(a)(1)(i).
- Land Court miscellaneous filing fee Receipt: 453113 Date: 08/13/2024
- Land Court surcharge Receipt: 453113 Date: 08/13/2024
- 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.
- 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 13:55:06
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 09/12/2024 Time: 09:15 AM
- Hearing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 09/12/2024 Time: 09:15 AM
- Appearance of Bryan F Bertram, Esq., Anthony J Riley, Esq. for Town of Hopkinton, filed
- Town of Hopkinton's Answer to Verified Complaint, filed.
- Summons returned to Court with service on Michelle Boelsen also known as Michelle Boelsen Brabant now known as Michelle Oteri filed. Served by leaving at the last and usual abode on August 27, 2024.
- Summons returned to Court with service on Town of Hopkinton filed. Served by delivering in hand to Connor B. Degan, agent, person in charge at the time of service on August 27, 2024.
- Event Resulted: Hearing on Lis Pendens scheduled on: 09/12/2024 09:15 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 09:15 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 and Anthony J. Riley appeared. 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 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 Town of Hopkinton has appeared as a tax taking was recorded on the property. The Town reports however the tax taking has been satisfied and will be released. Once the release has been recorded, the Plaintiff is instructed to dismiss the Town of Hopkinton from this matter. 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 pertaining to the status of defaults or potential agreements 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] Interested Party: Bryan F Bertram, Esq. [email protected] Interested Party: Anthony J Riley, Esq. [email protected] Sent On: 09/13/2024 09:23:26
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Foster, Hon. Robert B.
- Memorandum of Lis Pendens, issued and endorsed by the Court. (Copies emailed to Attorney Jessica Babine) Judge: Foster, Hon. Robert B.
- Stipulation of Dismissal, filed.
- Email Status Report. "Good Morning, Clerk Brennan: Today we are scheduled for a status update in this matter. The town has recorded a redemption, and this morning our office and the Town of Hopkinton filed a stipulation of dismissal with the Court as to the town. Ms. Oteri has an October 30, 2024 sale date on the property. Our office has provided a draft voluntary dissolution of lis pendens for review by the buyer's counsel, and a payoff to Ms. Oteri's counsel for her sale. Once the sale has occurred and the loan is paid in full, we anticipate recording the dissolution with the registry and filing a dismissal of this matter in full with the Court. Thank you. Jessica"
- Notice of Dismissal, filed.
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