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Case Information
Filed
2023-03-24
Status
Closed
Type
Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket
15 entries
Disposition
judgment entered
Parties
Plaintiff
Bank Of America, N.a.
Defendant
Foundation Mortgage Corporation
Lawyers
Docket Entries
- omplaint filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 439473 Date: 03/24/2023
- and Court surcharge Receipt: 439473 Date: 03/24/2023
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 03/27/2023 14:47:47
- vent Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 04/11/2023 Time: 02:30 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Denise A Chicoine, Esq. [email protected] Plaintiff: Edward Steffens Englander, Esq. [email protected] Sent On: 03/27/2023 14:51:29
- laintiff's Case Management Conference Joint Statement, filed.
- vent Resulted: Case Management Conference scheduled on: 04/11/2023 02:30 PM Has been: Held via video Hon. Gordon H. Piper, Presiding April 11, 2023. Case management conference held via videoconference. Attorney Denise Chicoine, Esq. appeared for plaintiff. This case concerns a mortgage ("Foundation Mortgage") encumbering the property ("Property"), a condominium unit located at 22 Heather Drive, Westford, Massachusetts, granted on January 6, 2005 by the current Property owners Conor Curtin and June Curtin to defendant Foundation Mortgage Corporation, securing a promissory note in the amount of $445,000.00, and recorded on January 12, 2005 with the Middlesex North Registry of Deeds ("Registry") at Book 18299, Page 148. Foundation Mortgage Corporation is a defunct corporation organized under the laws of the Commonwealth of Massachusetts. Attorney Chicoine posited that the Foundation Mortgage was assigned to plaintiff Bank of America, N.A., but for unknown reasons the assignment was never recorded and cannot be located. Subsequently, on April 3, 2009, Conor and June Curtin refinanced the Foundation Mortgage, executing and delivering a new mortgage ("MERS Mortgage") securing a loan in the original principal amount of $400,000.00 to Mortgage Electronic Registration Systems, Inc. and Amtrust Bank, with the mortgage recorded with the Registry on April 17, 2009 at Book 22920, Page 81. Plaintiff Bank of America acknowledges that following the refinance, on April 20, 2009, the Foundation Mortgage was paid in full. On May 18, 2009, Bank of America executed a Discharge of Mortgage for the Foundation Mortgage, which discharge was recorded with the Registry on May 22, 2009 at Book 23037, Page 256. However, because there is no assignment of record to demonstrate the assignment of the Foundation Mortgage from defendant Foundation Mortgage Corporation to plaintiff Bank of America, the discharge is ineffective as it was executed by a party outside the chain of title to the Foundation Mortgage, and there is a cloud on title to the Property. Attorney Chicoine informed the court that service on the defendant Foundation Mortgage Corporation, through its registered agent, had been attempted with the assistance of the Middlesex County Sheriff, but that service was unsuccessful. The court noted that the agent, Jeffrey Garibotto, is identified in the Secretary of the Commonwealth's corporate database as having an address in Groton, Massachusetts, at which Attorney Chicoine has not yet attempted to serve him. The court instructed Attorney Chicoine to attempt service on Jeffrey Garibotto at his Groton address, and to make efforts to identify any successors to Foundation Mortgage Corporation, a defunct corporate entity. Attorney Chicoine was further instructed to make a motion for alternative service by publication, accompanied by an affidavit of diligent search, given that the corporation, organized in 1996, was voluntarily dissolved in 2014. Following return dates on all summonses and any published citation, 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 any additional party appears or answers, parties promptly to request, in writing, further case management conference. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically and by mailing of hard copies to the court, with indication that electronic filings were made simultaneously. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 04/18/2023 14:27:46
- ummons returned to Court with service on Foundation Mortgage Corporation filed. Served in hand to the registered agent on June 7, 2023.
- equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Foundation Mortgage Corporation, filed.
- otion for Default Judgment Pursuant to 55(b), filed.
- emorandum (in Support of Motion for Default Judgment and Proposed Default Judgment), filed.
- efendant Foundation Mortgage Corporation defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.) Notice of default sent via email on October 31, 2023 to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected]
- efault Judgment entered. Judge: Piper, Hon. Gordon H. Copy emailed to counsel on 5/29/2025.
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