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Case Information
Filed
2023-09-28
Status
Closed
Type
Mbf Determine Municipal Boundaries, G.l. Chapter 42, 12
Docket
30 entries
Disposition
judgment entered
Parties
Plaintiff
Johnson, Delseana
Defendant
Bodden, Kysha
Docket Entries
- omplaint filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Dismissed Type: Indigency Dismissed Date: 09/28/2023 Dismissed Amount: 240.00 Dismissing Clerk / Judge: Kelley, Ellen M. Comments: Fee Waiver Authorization: Indigency [Thu 9/28/2023 3:49 PM] Dismissed By: SHEGARTY
- and Court surcharge Dismissed Type: Indigency Dismissed Date: 09/28/2023 Dismissed Amount: 15.00 Dismissing Clerk / Judge: Kelley, Ellen M. Comments: Fee Waived: Indigency [Thu 9/28/2023 3:49 PM] Dismissed By: SHEGARTY
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- ffidavit of Indigency, filed.
- and Court summons Dismissed Type: Indigency Dismissed Date: 09/28/2023 Dismissed Amount: 5.00 Dismissing Clerk / Judge: Kelley, Ellen M. Comments: Fee Waived: Indigency [Thu 9/28/2023 3:49 PM] Dismissed By: SHEGARTY
- ee Waiver Authorization: Indigency
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Delseana Johnson [email protected] Sent On: 10/05/2023 15:28:41
- vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 11/20/2023 Time: 11:00 AM
- ppearance of Pro Se for Kysha Bodden, filed
- vent Resulted: Case Management Conference scheduled on: 11/20/2023 11:00 AM Has been: Case management conference held via videoconference. Petitioner Delseana Johnson and respondent Kysha Bodden appeared pro se. Court is in receipt of the handwritten complaint for partition. Court first explained to parties what being a pro se party entails, including that the same rules of evidence and procedure apply to both represented and pro se litigants, and that the court cannot provide any legal assistance or advice. Court further advised them of the limited assistance representation ("LAR") program, and encouraged them to consult counsel. By way of background, Ms. Johnson reported that this is a partition matter for 40 Alabama Street, Mattapan, that petitioner and respondent own in half interests. Ms. Johnson further reported there is a domestic violence restraining order in effect with no contact between the parties, however, the parties are permitted under the terms of that order to communicate as to household matters. Ms. Johnson also noted that she vacated the property and is now homeless. Court explained the partition process generally under G.L. c. 241, including the appointment of a commissioner to sell the property. Court to ask Land Court Mediator Attorney Barbara Macy to speak with the parties in advance of the next status conference to discuss how to proceed in light of the fact that there may be little equity in the property. Status conference scheduled for December 5, 2023, at 2:00 P.M., with Attorney Macy to be present, if available. Hon. Diane R. Rubin, Presiding Pro Se Litigants notified via email.
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 12/05/2023 Time: 02:00 PM
- vent Resulted: Status Conference scheduled on: 12/05/2023 02:00 PM Has been: Status conference held via videoconference. Petitioner Delseana Johnson and respondent Kysha Bodden appeared pro se. Land Court Mediator Attorney Barbara Macy was also present. Court discussed with the parties the court's concern that because of the lack of sizable equity in the property, it may not be possible to appoint a partition commissioner because there would be no funds available to pay for the commissioner's services. Accordingly, court encouraged the parties to work together with Attorney Macy towards a sale of the property, particularly in light of respondent's agreement to sell. Parties confirmed that they were both willing to work towards selling the property expeditiously, with the assistance of Attorney Macy to mediate the process and assist Ms. Johnson, to the extent practicable, to retrieve her personal effects from the property. Attorney Macy also advised that from her initial due diligence it appeared that payments on the mortgage, taxes, and insurance on the property were all current. Ms. Bodden also noted that she had already spoken to a broker who was willing to sell the property on a 4% commission. Following colloquy, parties to work with Attorney Macy to develop a framework for marketing and selling the property and to retain a mutually agreeable broker as soon as practicable. Status conference scheduled for January 8, 2024, at 2:30 P.M. Hon. Diane R. Rubin, Presiding Pro Se litigants notified via email.
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 01/08/2024 Time: 02:30 PM
- vent Resulted: Status Conference scheduled on: 01/08/2024 02:30 PM Has been: Rescheduled to February 22, 2024 at 3:00 pm. Hon. Diane R. Rubin, Presiding
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 02/22/2024 Time: 03:00 PM Counsel notified via email.
- n accordance with SJC Rule 1:07, the following fee generating appointment was made: Donna M Turley, Esq. appointed as Partition Commissioner (Northern Counties) On 02/22/2024 by Hon. Diane R. Rubin
- vent Resulted: Status Conference scheduled on: 02/22/2024 03:00 PM Has been: Status conference held via videoconference. Petitioner Delseana Johnson and respondent Kysha Bodden appeared pro se. Land Court Mediator Attorney Barbara Macy was also present. Court concluded that it was now appropriate to appoint a partition commissioner since parties had been unable to achieve meaningful progress toward selling the property without assistance. The court further noted the parties' efforts to agree upon the accounting issues, which will streamline the court proceedings and minimize the expenses of a commissioner. Following colloquy, court to issue an interim order appointing partition commissioner. Status conference scheduled for April 25, at 10:30 A.M. Hon. Diane R. Rubin, Presiding Pro Se litigants and counsel notified via email.
- nterim Order Appointing Donna M. Turley, Esq., Partition Commissioner, 40 Alabama St., Mattapan, MA, issued. (Copies emailed separately to Pro Se Parties Delseana Johnson and Kysha Bodden, and Attorney Donna Turley) Judge: Rubin, Hon. Diane R.
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 04/25/2024 Time: 10:30 AM
- ommissioner's First Interim Report, filed.
- igned Return of Partition Commissioner's Oath, filed.
- vent Resulted: Status Conference scheduled on: 04/25/2024 10:30 AM Has been: Status conference held via videoconference. Petitioner Delseana Johnson and respondent Kysha Bodden appeared pro se. Partition Commissioner Attorney Donna Turley and Land Court Mediator Attorney Barbara Macy were also present. Court is in receipt of Commissioner's First Interim Report. Commissioner Turley presented her Interim Report, wherein she recommended a prompt sale of the property at a minimum listing price of $649,000. Following colloquy, court to issue a warrant for sale based on the commissioner's recommendations. In addition, the court requests and instructs Attorney Turley to draft and file a Notice of Partition in accordance with G.L. c. 241. With respect to accounting claims, in order to avoid the expense of a Commissioner's bond, the parties agreed to endeavor to resolve their accounting claims prior to the date of closing on a sale of the property, with the assistance of Land Court mediator, Attorney Macy. Hon. Diane R. Rubin, Presiding
- arrant to Commissioner Donna Turley, Esq. to Sell by Private Sale 40 Alabama Street, Mattapan, MA, issued. (Copies emailed separately to Pro Se Parties Delseana Johnson and Kysha Bodden, and Attorney Donna Turley) Judge: Rubin, Hon. Diane R.
- ommissioner's Report and Request for Modification of Warrant, filed.
- otice of Docket Entry: Court is in receipt of the Commissioner's Report and Request for Modification of Warrant. Commissioner advised that she had received an offer to purchase the property at $640,000, slightly below the minimum sales price in the warrant for sale, with both parties agreeing thereto. The court hereby modifies the warrant to allow for a purchase at $640,000 and approves of the sale at that price. Further and in the event that parties are not able to agree to a division of the net sales proceeds within a reasonable time, the commissioner to immediately request an emergency hearing with the parties and mediator Attorney Macy present. Further, the court provides the following closing instructions because the property is registered land: (1) Commissioner's deed must state that it derives from a partition under G. L. ch. 185, 92 and the grantor must reference any amendments to the warrant for sale; (2) Prior to presentation of the Commissioner's deed to the Registry District, Commissioner to file the fully executed Commissioner's deed with Sessions Clerk Jennifer Noonan for review by the Title Examination Department (including the Miscellaneous Case number), together with a certified copy of certificate of title and a copy of registered notice of partition. If all is acceptable, the deed will be approved subject to G. L. ch. 185, 92, and this language will appear on the Certificate of Title. The final judgment in this case will strike the language from the Certificate of Title. Pro Se litigants and Commissioner notified via email. Judge: Rubin, Hon. Diane R. Notice of Docket Entry was generated and sent to: Commissioner: Donna M Turley, Esq. [email protected] Plaintiff: Delseana Johnson [email protected] Defendant: Kysha Bodden [email protected] Sent On: 06/24/2024 15:05:18
- he Commissioner filed the original deed, a certified copy of the certificate of title, and a copy of the registered notice of partition.
- he Commissioner emailed the court a status about a Bond: "...the parties have signed an agreement dividing the proceeds and paying me $5,000. The only money I will handle will be the $5,000 so I do not think I need a bond."
- ommissioner's Return of Warrant with Accounting and Sale and Closing Report, filed.
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