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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-02
Status Closed
Type Ota Other
Docket 40 entries

Parties

Plaintiff Palacios, Javier
Defendant Us Bank Trust National Association As Owner Trustee For Rcf 2 Acquisition Trust, Et. Al|Selene Finance Lp

Lawyers

Docket Entries

  1. erified Complaint Seeking Redemption, Damages and Injunctive Relief, filed.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 444471 Date: 10/02/2023
  4. and Court surcharge Receipt: 444471 Date: 10/02/2023
  5. and Court summons Receipt: 444471 Date: 10/02/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. laintiff Motion for Injunctive Relief and Lis Pendens Lien, filed.
  8. ffidavit #1 of Plaintiffs' Counsel Chaz R. Fisher, filed.
  9. ffidavit of Javier Palacios for Injunctive Relief to Stay Foreclosure, filed.
  10. he case has been assigned to the A Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Chaz Robert Fisher, Esq. [email protected]
  11. ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Preliminary Injunction VIA ZOOM Date: 10/18/2023 Time: 10:00 AM Email notice to: Attorney Chaz R. Fisher.
  12. vent Resulted: Hearing on Preliminary Injunction scheduled on: 10/18/2023 10:00 AM Has been: Held via video. Hearing on Preliminary Injunction held via videoconference. Attorney Chaz R. Fisher appeared on behalf of the plaintiff, and Attorney William D. Black appeared on behalf of defendants Selene Finance, LP and U.S. Bank Trust, National Association as owner trustee for RCF 2 Acquisition Trust ("U.S. Bank"). The court first noted that returns of service for both defendants had not been filed. In response, Attorney Fisher reported that he had not yet received back the return of service for Selene Finance, LP and that he is working on serving U.S. Bank. Attorney Black reported the parties have reached a temporary agreement to govern their relationship through next week and requested that the hearing on the preliminary injunction be continued to next week. Attorney Fisher concurred. The court requested that counsel file a stipulation reflecting their agreement by the end of the day and that Attorney Black file his appearance. Accordingly, the hearing on the preliminary injunction is CONTINUED to October 25, 2023 at 9:00 a.m. Any opposition to the request for preliminary injunction is due by noon on October 24, 2023. Email notice to: Attorney Chaz R. Fisher and Attorney William D. Black. Hon. Jennifer S.D. Roberts, Presiding
  13. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Chaz Robert Fisher, Esq. [email protected] Defendant: Michael K Lane, Esq. [email protected] Defendant: William D Black, Esq. [email protected]
  14. ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Roberts, Hon. Jennifer S.D. Event: Hearing on Preliminary Injunction VIA ZOOM Date: 10/25/2023 Time: 09:00 AM Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane.
  15. ppearance of Michael K Lane, Esq. for US BANK Trust National Association as owner trustee for RCF 2 Acquisition Trust, et. al, Selene Finance LP, filed
  16. ppearance of William D Black, Esq. for US BANK Trust National Association as owner trustee for RCF 2 Acquisition Trust, et. al, Selene Finance LP, filed
  17. oint Stipulation for Entry of Temporary Restraining Order and Continuance of Hearing on Plaintiff's Motion for Preliminary Injunction and Lis Pendens, filed.
  18. efendants' Opposition to Plaintiff's Motion for Preliminary Injunction and Lis Pendens, filed.
  19. ummons returned to Court with service on Selene Finance LP filed. 10/13/2023: Service in hand to Bernardo Montanez, process clerk, agent and person in charge at time of service.
  20. ummons returned to Court with service on US BANK Trust National Association as owner trustee for RCF 2 Acquisition Trust, et. al filed. 10/18/2023: Service upon Defendant's counsel of record, Michael K. Lane, Esq. - agreement reduced to email acceptance of service.
  21. vent Resulted: Hearing on Plaintiff [sic] Motion For Injunctive Relief And Lis Pendens Lien scheduled on: 10/25/2023 09:00 AM Has been: Held via video. Attorney Chaz R. Fisher appeared on behalf of the plaintiff, and Attorney Michael K. Lane appeared on behalf of defendants U.S. Bank Trust, N. A., as owner trustee for RCF 2 Acquisition Trust, and Selene Finance, LP. After hearing, the court finds the plaintiff has not shown a likelihood of success on the merits: the evidence submitted in opposition to the request for preliminary relief shows that the proper parties received notice of the foreclosure, that the proper party held the note and the mortgage at the time of foreclosure, and that the proper party held good tittle to the mortgage, there being no missing assignments. Plaintiff's reliance on alleged defects in the Servicemembers Civil Relief Act proceeding is misplaced, both because that judgment cannot be collaterally attacked in this proceeding and because plaintiff is not entitled to the benefit of the act. Accordingly, the request for a preliminary injunction is DENIED. That denial is without prejudice to plaintiff's renewal of his request on grounds related to Ms. Mulligan's conveyance of her interest in the property to Green Tree Servicing, LLC, first raised at today's hearing, should plaintiff choose to do so. Count III, asserting a claim for violation of G.L. c. 93A, and Count IV, to the extent that it seeks money damages for an alleged violation of the Chapter 258, are DISMISSED for lack of subject matter jurisdiction. Finally, this action being a "proceeding that affects the title to real property or the use and occupation thereof or the buildings thereon," G.L. c. 184, 15(a), the motion is ALLOWED to the extent that it seeks the endorsement of a memorandum of lis pendens. Email notice to: Attorney Chaz R. Fisher and Attorney Michael K. Lane. Hon. Jennifer S.D. Roberts, Presiding
  22. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Chaz Robert Fisher, Esq. [email protected] Defendant: Michael K Lane, Esq. [email protected] Defendant: William D Black, Esq. [email protected]
  23. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 11/09/2023 Time: 09:00 AM Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane.
  24. oint Stipulation to Continue Case Management Conference Scheduled November 9, 2023 at 9:00 AM (to the next date after December 11, 2023, and extend Defendants' answer from November 10, 2023 to December 1, 2023), filed.
  25. pon review of the Joint Stipulation To Continue Case Management Conference Scheduled November 9, 2023 at 9:00 AM, the November 9, 2023 case management conference is VACATED and the case management conference is rescheduled to December 14, 2023 at 9:00 a.m. Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Chaz Robert Fisher, Esq. [email protected] Defendant: Michael K Lane, Esq. [email protected] Defendant: William D Black, Esq. [email protected]
  26. vent Resulted: Case Management Conference scheduled on: 11/09/2023 09:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  27. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 12/14/2023 Time: 09:00 AM Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane.
  28. econd Joint Stipulation to Continue Case Management Conference Scheduled December 14, 2023 at 9:00 AM (for 60 days after February 15, 2024 and Extend Defendants' Answer for 60 days to February 2, 2024), filed.
  29. econd Joint Stipulation to Continue Case Management Conference Scheduled December 14, 2023 at 9:00 AM (for 60 days after February 15, 2024 and Extend Defendants' Answer for 60 days to February 2, 2024) ALLOWED. Case Management Conference via Zoom scheduled December 14, 2023 at 9:00 AM is VACATED. Case Management Conference via Zoom rescheduled to February 22, 2024 at 9:00 AM. Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Chaz Robert Fisher, Esq. [email protected] Defendant: Michael K Lane, Esq. [email protected] Defendant: William D Black, Esq. [email protected]
  30. vent Resulted: Case Management Conference scheduled on: 12/14/2023 09:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  31. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 02/22/2024 Time: 09:00 AM Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane. Judge: Roberts, Hon. Jennifer S.D.
  32. hird Joint Stipulation to Continue Case Management Conference Scheduled February 22, 2024 at 9:00 AM, filed. (Extend Case Management Conference for 60 days, to a date after April 15, 2024; and Extend Defendants' Answer date for 60 days, from February 2, 2024 through April 5, 2024).
  33. reating the Third Joint Stipulation To Continue Case Management Conference Scheduled February 22, 2024 At 9:00 AM as a motion to continue the case management conference, the motion is ALLOWED. The February 22, 2024 case management conference is VACATED and a new case management conference is hereby scheduled for April 17, 2024 at 9:00 a.m. Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Chaz Robert Fisher, Esq. [email protected] Defendant: Michael K Lane, Esq. [email protected] Defendant: William D Black, Esq. [email protected]
  34. vent Resulted: Case Management Conference scheduled on: 02/22/2024 09:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  35. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 04/17/2024 Time: 09:00 AM Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane.
  36. ourth Joint Stipulation to Continue Case Management Conference Scheduled April 17, 2024 at 9:00 AM, filed. (Note: Requesting a 60 Day extension to a date after May 29, 2024 for Case Management Conference and 60 Day date extension for Defendants' answer from Friday April 5, 2024 through Friday, May 10, 2024).
  37. reating the Fourth Joint Stipulation To Continue Case Management Conference Scheduled April 17, 2024 At 9:00 AM as a motion to continue the case management conference, the motion is ALLOWED. The April 17, 2024 case management conference is VACATED and a new case management conference is hereby scheduled for June 5, 2024 at 9:30 a.m. There will be no further continuances absent compelling circumstances. Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Chaz Robert Fisher, Esq. [email protected] Defendant: Michael K Lane, Esq. [email protected] Defendant: William D Black, Esq. [email protected] Sent On: 03/27/2024 10:15:26
  38. vent Resulted: Case Management Conference scheduled on: 04/17/2024 09:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  39. vent Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 06/05/2024 Time: 09:30 AM Email notice to: Attorney Chaz R. Fisher; Attorney William D. Black; and Attorney Michael K. Lane.
  40. vent Resulted: Case Management Conference scheduled on: 06/05/2024 09:30 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding

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