Your case is unique, but you are not alone.
About 41,000 new cases are filed in U.S. courts every weekday. Behind each one is a person trying to understand what happens next. Here’s what the public record can tell you about this matter — and about the people deciding it.
Is this judge more likely to rule for the plaintiff or the defendant in cases of this type?
How has your attorney actually performed in front of this judge?
AICasePredict surfaces patterns from public court records. We don’t predict outcomes and we don’t recommend changing your attorney — that’s a conversation for you and them. We just show you what the record already says.
Full Analytics Report
- Complete case narrative
- Judge details and rulings
- Case disposition and outcome
- All docket entries
- Related cases and filings
$20
One-time purchase
Case Information
Filed
2024-08-21
Status
Closed
Type
E Filed Ota Other
Docket
27 entries
Disposition
judgment entered
Parties
Plaintiff
Bank Of America, N.a., Successor By Merger To Fleet National Bank
Defendant
Desmond A. Kamara, Individually And As Trustee Of The Desmond A. Kamara Irrevocable Trust
Lawyers
Docket Entries
- Default Judgment and Order Approving Agreement for Judgment, entered. Judge: Piper, Hon. Gordon H.
- Land Court surcharge Receipt: 453363 Date: 08/21/2024
- 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 Lis Pendens (including proposed Memorandum of Lis Pendens), filed.
- The case has been assigned to the A Track. Notice sent. Judge: Piper, Hon. Gordon H. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Sent On: 08/28/2024 10:15:11
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 10/01/2024 Time: 02:45 PM (in-person in Boston)
- Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Piper, Hon. Gordon H. Event: Hearing on Lis Pendens Date: 10/01/2024 Time: 02:45 PM (in-person in Boston)
- Summons returned to Court with service on Desmond A. Kamara filed. Service on September 4, 2024 at last and usual place of abode.
- Summons returned to Court with service on Desmond A. Kamara filed. Service on September 4, 2024 at last and usual place of abode.
- Plaintiff's Statement (for case management conference), filed.
- Stipulation for Enlargement of Time to File Answer or Other Responsive Pleading, filed.
- Joint Statement (for case management conference on October 1, 2024) filed.
- Event Resulted: Case Management Conference and Hearing on Lis Pendens scheduled on: 10/01/2024 02:45 PM Has been: Held in person Hon. Gordon H. Piper, Presiding October 1, 2024. Case Management Conference and hearing on plaintiff's Motion for Endorsement of Memorandum of Lis Pendens held. Early Intervention Event held. Attorney Jessica Babine appeared for the plaintiff. Attorney Meredith Swisher appeared for defendant U.S. Bank national Association, as Trustee for Banc of America Funding 2009-FT1 Trust, Mortgage Pass-Through Certificates, Series 2009-FT1 ("U.S. Bank"). Defendant Desmond A. Kamara, Individually and as Trustee of the Desmond A. Kamara Irrevocable Family Trust, appeared on his own behalf. This case concerns an allegedly erroneous discharge of a first mortgage on the property located at 9 Jerome Street, Southbridge, Massachusetts ("Property"), which plaintiff asserts was executed by mistake or inadvertence and should be invalidated. According to Bank of America's Verified Complaint, the previous Property owner of record, defendant Desmond A. Kamara, Individually ("Mr. Kamara" ), granted a first mortgage ("First Mortgage") on the Property to Fleet National Bank (predecessor-in-interest to Bank of America) on June 7, 2003, in the original principal amount of $145,000.00, which mortgage was recorded on July 9, 2003, with the Worcester County (Southern District) Registry of Deeds ("Registry") in Book 30714, Page 268. After several mesne assignments, the First Mortgage was assigned to defendant U.S. Bank by assignment dated January 30, 2017, and recorded with the Registry in Book 56716, Page 173. Mr. Kamara also granted an open-ended mortgage ("Second Mortgage") on the Property, in the maximum principal amount of $30,000.00, to Fleet National Bank on June 7, 2003, and recorded with the Registry on July 9, 2003, in Book 30713, Page 393. Pursuant to a subordination agreement executed by Bank of America and U.S. Bank, the First Mortgage has priority over the Second Mortgage. Mr. Kamara conveyed the Property to the current record owner of the Property, himself as Trustee of the Desmond A. Kamara Irrevocable Family Trust, on November 20, 2015 by deed recorded with the Registry that date in Book 54597, Page 357. On December 24, 2021, First American Mortgage Solutions, LLC, as Attorney-in-Fact for Bank of America, recorded a discharge ("Discharge") of the Second Mortgage with the Registry at Book 66824, Page 113, purporting to discharge the Second Mortgage on the Property. Bank of America contends that it did not intend to discharge the Second Mortgage, that the Discharge was recorded erroneously, and that the loan secured by the Second Mortgage has not been paid in full but has an outstanding active balance. Attorney Babine confirmed that the Second Mortgage is paid and current, but that the plaintiff has not had any recent contact with the defendant-either individually or as trustee-pertaining to this litigation, despite affording him notice of the initiation of the action and the case management conference. Attorney Babine confirmed that service was effectuated at defendant's last and usual place of abode on September 4, 2024, and also was sent by first-class mail. However, Mr. Kamara indicated that he did not receive notice on September 4, 2024, and only recently became aware of the notice sent by first-class mail. Mr. Kamara expressed an interest in negotiating with plaintiff Bank of America in an attempt to resolve this case without the need for judicial intervention. The court encouraged the parties to engage in settlement negotiations, and reminded Mr. Kamara of his opportunity to retain counsel should he desire legal assistance. The court, after hearing and review of the verified complaint, is satisfied that this cause of action is one that necessarily affects title to the Property and otherwise meets the requirements of G. L. c. 184, 15. Judicial endorsement of memorandum of lis pendens to issue. Attorney Babine further instructed to file the endorsed memorandum of lis pendens with the registry of deeds, and to file with the court and serve on other parties promptly thereafter a copy of the as recorded version of the memorandum. Counsel to file a status report with the court by October 11, 2024, indicating whether the parties have reached an agreement that resolves this case, or intend to proceed with the litigation. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically via the Tyler eFile system. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Jessica Suzanne Babine, Esq. [email protected] Interested Party: Meredith Ann Swisher, Esq. [email protected] Sent On: 10/03/2024 11:04:13 Email notice to counsel on 10/3/2024.
- Judicial Endorsement of Memorandum of Lis Pendens issued.
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Piper, Hon. Gordon H.
- Recorded Memorandum of Lis Pendens recorded at the Worcester South District Registry of Deeds in Book 71107, Page 42, filed.
- Second Stipulation to Extend Time to File Response, filed.
- Third Stipulation for Enlargement of Time to File Answer or Other Responsive Pleading, filed.
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Desmond A. Kamara, filed.
- Plaintiff's Application for Judgment by Default Against Defendant Desmond A. Kamara, filed.
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Desmond A. Kamara, filed. Desmond A. Kamara as Trustee of the Desmond A. Kamara Irrevocable Trust
- Plaintiff's Application for Judgment by Default Against Defendant Desmond A. Kamara as Trustee of the Desmond A. Kamara Irrevocable Trust, filed.
- Motion for Approval of Agreement for Judgment, filed.
- Memorandum of Law in support of Plaintiff's Application of Judgment by Default Against Desmond A. Kamara, Individually and as Trustee of the Desmond A. Kamara Irrevocable Trust, filed.
- Defendant Desmond A. Kamara, Individually and as Trustee of the Desmond A. Kamara Irrevocable Trust defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.) Judge: Patterson, Deborah J.
Get Free Case Details
Enter your email to receive case information including parties, docket entries, and status updates.
By submitting you agree to our Privacy Policy.
Need this case removed? Enter your email above — the confirmation email includes a case removal link.
Legal Analytics Has Been Featured In
