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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-12
Status Open
Type E Filed Dom Discharge Old Mortgage, G.l. Chapter 240, 15
Docket 46 entries

Parties

Plaintiff Mortgage Electronic Registration Systems As Nominee For Rockland Trust Company
Defendant Lewis, Anthony K.|North Franklin Realty Llc|Victory Acquisitions Llc|Victory Funding Solutions Inc.|Jeffrey E. Ryan And Co., Inc.

Lawyers

Docket Entries

  1. ase assigned to the Average Track per Land Court Standing Order 1:04.
  2. and Court miscellaneous filing fee Receipt: 444717 Date: 10/12/2023
  3. and Court surcharge Receipt: 444717 Date: 10/12/2023
  4. omplaint eFiled.
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: David C Farrell, Esq. [email protected] Sent On: 10/16/2023 13:46:52
  7. vent Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 11/13/2023 Time: 12:15 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: David C Farrell, Esq. [email protected] Sent On: 10/16/2023 13:55:14
  8. vent Resulted: Case Management Conference scheduled on: 11/13/2023 12:15 PM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Gordon H. Piper, Presiding
  9. vent Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 12/05/2023 Time: 03:00 PM (on ZOOM) Case Management Conference Notice and Order was generated and sent to: Plaintiff: David C Farrell, Esq. [email protected] Sent On: 11/09/2023 16:04:50
  10. mergency Motion to Continue Case Management Conference (scheduled for November 13, 2023), filed.
  11. nswer of Defendant North Franklin Realty, LLC, filed.
  12. laintiff's Case Management Conference Statement, filed.
  13. vent Resulted: Case Management Conference scheduled on: 12/05/2023 03:00 PM Has been: Held via video Hon. Gordon H. Piper, Presiding December 5, 2023. Case Management Conference held via videoconference. Early Intervention Event held. Attorney David Farrell, Esq. appeared for the plaintiff. Attorney Charles Kelly, Esq. appeared for the defendant North Franklin Realty, LLC. Despite notice, no other defendants appeared. This case concerns a purported erroneous discharge of a first mortgage on the property at 181 North Franklin Street, Holbrook, Massachusetts ("Property"). Defendant Anthony Lewis ("Lewis"), prior owner of the property, granted a mortgage ("First Mortgage") on the property to Mortgage Electronic Registration Systems ("MERS") as Nominee for Rockland Trust Company to secure a loan in the original principal amount of $343,660.00, and recorded with the Norfolk County Registry of Deeds ("Registry") on May 22, 2014 at Book 32261, Page 76. The plaintiff alleges that on March 25, 2015, through inadvertence or error, an employee of MERS executed a discharge of the First Mortgage which was recorded with the Registry on March 31, 2015 at Book 33010, Page 456. However, the plaintiff claims that Lewis had not paid off the loan underlying the First Mortgage, as evidence by a modification agreement ("Agreement") signed by Lewis on May 9, 2017, acknowledging the validity of the First Mortgage and its underlying loan notwithstanding the supposed erroneous discharge, said Agreement recorded with the Registry on July 10, 2017 at Book 35261, Page 255. Subsequently, Lewis conveyed the Property to defendant North Franklin Realty, LLC ("North Franklin Realty"), for consideration of $10,000, by deed recorded with the Registry at Book 39749, Page 10. North Franklin Realty then granted a mortgage ("Second Mortgage") of the Property securing indebtedness in the principal amount of $100,000.00 to defendant Victory Acquisitions, LLC ("Victory Acquisitions"), and recorded with the Registry on August 18, 2021 at Book 39749, Page 12. Plaintiffs allege the Second Mortgage expressly acknowledged that it was subject to other mortgages of record. On May 24, 2023, Victory Acquisitions sold the Property at Foreclosure Auction to Richard Scimone, who then immediately assigned his high bid rights in the Property to defendant Victory Funding Solutions, Inc. ("Victory Funding"). The foreclosure deed conveying the Property states that "The Premises are conveyed subject to a mortgage given by Anthony K. Lewis to Rockland Trust Company dates May 21, 204, and recorded with the Norfolk County Registry of Deeds at Book 32261, Page 76[.]" The property was most recently conveyed from Victory Funding to defendant Jeffrey E. Ryan and Co., Inc. ("Ryan") by deed recorded with the Registry on August 4, 2023 at Book 41345, Page 206, "[s]ubject to all restrictions and encumbrances or record." Attorney Ferrell confirmed that the plaintiff is seeking an order of the court restoring the First Mortgage, including all its rights and remedies as originally granted by defendant Lewis. Attorney Farrell reported that the plaintiff has been in communication with defendants Victory Acquisitions, Victory Funding, and Ryan, and believes a mutually satisfactory agreement can be reached with them. However, defendant North Franklin Realty has filed an answer containing general denials and seeking that the case be dismissed. Mr. Kelly advised that his client may decide to enter into a consensual resolution. Counsel encouraged to communicate in a good faith effort to reach a mutually satisfactory settlement agreement that includes all parties. Counsel instructed to contact the court should the parties choose to participate in a mediation screening at the court's direction or should the parties wish to proceed to mediation. The court remains available to provide a list of court-approved mediation providers to the parties at their request. Parties to file a written report with the court by January 5, 2024, indicating whether a settlement agreement has been reached or if any defendant intends to contest the relief sought by the plaintiff. 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: Notice of Docket Entry was generated and sent to: Plaintiff: David C Farrell, Esq. [email protected] Defendant: Charles S Kelly, Esq. [email protected] Sent On: 12/06/2023 13:24:56
  14. lternative Dispute Resolution: Early Intervention Event held. Judge: Piper, Hon. Gordon H.
  15. tatus Report, filed.
  16. ppearance of Jay Patrick Johnson, Esq. for Mortgage Electronic Registration Systems As Nominee For Rockland Trust Company, filed
  17. ummons returned to Court with service on Anthony K. Lewis filed. Service on November 24, 2023 at last and usual place of abode.
  18. ummons returned to Court with service on Victory Acquisitions LLC filed. Service on November 28, 2023 at last and usual place of abode of registered agent of the corporate defendant.
  19. ffidavit of Lost Summons, filed.
  20. otion for General Default, filed.
  21. ffidavit as to Military Service, filed.
  22. ertificate of Service (Motion for General Default), filed.
  23. nswer of Defendant, Jeffrey E. Ryan and Co., Inc., filed.
  24. otion to Withdraw of Patrick Dolan for Defendant, Jeffrey E. Ryan and Co., Inc., filed.
  25. otice of Docket Entry: May 22, 2024. The court is in receipt of the motion of Attorney Patrick J. Dolan, dated May 9, 2024 but received and docketed by the court May 22, 2024, seeking leave to withdraw as counsel for defendant Jeffrey E. Ryan and Co., Inc. ("Ryan and Co."). The court will defer action on the motion to withdraw, pending an update from Attorney Dolan, in which he confirms that he has transmitted to his client this order of the court, that the client is aware that Attorney Ryan is requesting leave to withdraw as its counsel, and that, as a corporation, the client will not be able to represent itself in this proceeding, and so will require successor counsel to appear on its behalf. If successor counsel promptly appears for Ryan and Co., the motion to withdraw will thereupon be allowed without further proceedings. If successor counsel does not appear promptly, Attorney Dolan may renew his motion to withdraw and ask that the court hold a hearing on it, with the attorney at that time to provide full notice of the hearing to his client. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Jay Patrick Johnson, Esq. [email protected] Plaintiff: David C Farrell, Esq. [email protected] Defendant: Charles S Kelly, Esq. [email protected] Defendant: Patrick J Dolan, Esq. [email protected] Sent On: 05/22/2024 16:12:24
  26. upplemental Affidavit in Support of Attorney Dolan's Motion to Withdraw, filed.
  27. cheduled Judge: Piper, Hon. Gordon H. Event: Hearing on Motion to Withdraw of Attorney Dolan Date: 06/10/2024 Time: 02:45 PM (in-person) Notice of Event was generated and sent to: Plaintiff: David C Farrell, Esq. [email protected] Plaintiff: Jay Patrick Johnson, Esq. [email protected] Defendant: Charles S Kelly, Esq. [email protected] Defendant: Patrick J Dolan, Esq. [email protected] Sent On: 06/03/2024 13:04:31 Email notice to counsel on 5/3/2024.
  28. otion to Continue Hearing on Motion to Withdraw of Patrick J. Dolan (scheduled for June 10, 2024, filed.
  29. une 7, 2024. Motion to Continue Hearing on Motion to Withdraw of Patrick J. Dolan, ALLOWED. The hearing on Attorney Dolan's motion to withdraw is continued to Tuesday, June 25, 2024 at 11:00 a.m. in person at 3 Pemberton Square in Boston. Attorney Dolan shall immediately inform his client that the court is not going forward with the hearing now on for this coming Monday, June 10th and that the hearing on withdrawal has been continued, at Attorney Dolan's request, to June 25th. If successor counsel appears for the client, the court will consider allowing the motion to withdraw without needing a hearing. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Jay Patrick Johnson, Esq. [email protected] Plaintiff: David C Farrell, Esq. [email protected] Defendant: Charles S Kelly, Esq. [email protected] Defendant: Patrick J Dolan, Esq. [email protected] Sent On: 06/07/2024 16:34:05
  30. vent Resulted: Hearing scheduled on: 06/10/2024 02:45 PM Has been: Continued For the following reason: Request of Defendant(s) Hon. Gordon H. Piper, Presiding
  31. cheduled Judge: Piper, Hon. Gordon H. Event: Motion to Withdraw of Patrick J. Dolan Date: 06/25/2024 Time: 11:00 AM *In-person event at 3 Pemberton Square, Boston, MA 02108*
  32. vent Resulted: Hearing on Motion to Withdraw of Attorney Dolan scheduled on: 06/25/2024 11:00 AM Has been: Rescheduled Hon. Gordon H. Piper, Presiding Email notice to counsel on 6/24/2024.
  33. cheduled Judge: Piper, Hon. Gordon H. Event: Hearing on Motion to Withdraw of Attorney Dolan Date: 07/08/2024 Time: 12:30 PM (on ZOOM) Notice of Event was generated and sent to: Plaintiff: David C Farrell, Esq. [email protected] Plaintiff: Jay Patrick Johnson, Esq. [email protected] Defendant: Charles S Kelly, Esq. [email protected] Defendant: Patrick J Dolan, Esq. [email protected] Sent On: 07/01/2024 10:48:06 Email notice to counsel and defendant on 6/28/2024 and 7/1/2024.
  34. vent Resulted: Hearing on Motion to Withdraw scheduled on: 07/08/2024 12:30 PM Has been: Held via video Hon. Gordon H. Piper, Presiding July 8, 2024. Hearing held via videoconference on Attorney Patrick Dolan's Motion to Withdraw. Attorney Patrick Dolan, Esq. appeared for the limited purpose of arguing his motion. Richard Scimone, principal for defendant Jeffrey A. Ryan and Co., Inc ("Jeffrey A. Ryan"), Mr. Dolan's client, also participated by telephone. Despite notice, plaintiffs and remaining defendants did not appear. Attorney Dolan reported that he has been advised to withdraw from all pending cases in which he has filed an appearance, including this case. Successor counsel has not yet been obtained by the client. Mr. Scimone informed the court that he, on behalf of the corporate client, acknowledged the necessity of Attorney Dolan's withdrawal and did not oppose the motion for leave to withdraw. The court explained that, notwithstanding his role as principal of Jeffrey A. Ryan, Mr. Scimone cannot proceed to represent Jeffrey A. Ryan in this litigation because Mr. Scimone is not a licensed Massachusetts attorney. Rather, to continue its defense of this case, Jeffrey A. Ryan must retain a licensed attorney to act on its behalf. In the absence of prompt appearance of successor counsel, Jeffrey A. Ryan may find itself subject to default or other action that would harm its interests in the instant case, given its lack of ability to appear in this litigation and defend the corporation's interests. Mr. Scimone indicated his understanding of this limitation and noted that he was in the process of attempting to procure successor counsel. Upon report of Mr. Scimone that attempts at reaching a negotiated settlement were ongoing, the court encouraged Mr. Scimone to continue such efforts while noting that any eventual settlement agreement sought to be approved by the court would need to be filed with the court by an attorney for Jeffrey A. Ryan. Further, should attempts to reach settlement fail, any necessary discovery, motion practice, trial practice, and similar litigation steps would need to be conducted by an attorney who had filed his or her appearance as successor counsel for Jeffrey A. Ryan. Attorney Patrick Dolan's Motion to Withdraw is ALLOWED. Mr. Scimone advised that while he may make limited inquiries to sessions clerk Attorney Nicole Foster, Esq., concerning the status of the case, any substantive appearance or other action in this case on behalf of Jeffrey A. Ryan must be undertaken by a licensed attorney. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Jay Patrick Johnson, Esq. [email protected] Plaintiff: David C Farrell, Esq. [email protected] Defendant: Charles S Kelly, Esq. [email protected] Defendant: Patrick J Dolan, Esq. [email protected] Defendant: Jeffrey E. Ryan And Co., Inc. [email protected] Sent On: 07/09/2024 13:18:50 Email notice to counsel and Defendant Jeffrey Ryan on 7/9/2024.
  35. ORRECTION: Due to clerical error, the following correction was made to the docket on July 9, 2024: The corrected language is "July 8, 2024. Hearing held via videoconference on Attorney Patrick Dolan's Motion to Withdraw.... Jeffrey Scimone, principal for defendant Jeffrey A. Ryan and Co., Inc ("Jeffrey A. Ryan"), Mr. Dolan's client, also participated by telephone." and the following original text is stricken: "July 8, 2024. Hearing held via videoconference on Attorney Patrick Dolan's Motion to Withdraw.... Richard Scimone, principal for defendant Jeffrey A. Ryan and Co., Inc ("Jeffrey A. Ryan"), Mr. Dolan's client, also participated by telephone.."
  36. ffidavit of Lost Summons, filed.
  37. efendant Anthony K. Lewis, Victory Acquisitions LLC, Victory Funding Solutions Inc. defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  38. ithdrawal of David C Farrell, Esq. for Mortgage Electronic Registration Systems As Nominee For Rockland Trust Company, filed
  39. ertificate of Service (of Notice of Withdrawal of Attorney Farrell), filed.
  40. otice of Docket Entry: April 2, 2025. The court has received notice that Attorney Charles S. Kelly, counsel of record for defendant North Franklin Realty LLC, has been suspended from the practice of law for one year by order of the Supreme Judicial Court, Kafker, J., effective on or about March 31, 2025. Although Mr. Kelly has not sought or received leave of this court to withdraw as counsel, see Mass. R. Civ. P. 11, he cannot represent his client in this matter during the term of his suspension. As his client is an entity, an LLC, neither the LLC nor its principals may appear of record in this litigation. Successor counsel would need to appear formally in this litigation on the LLC's behalf. The court will conduct a hearing on the status of this case on Wednesday, April 23, 2025 at noon in person at the court in Boston. At this hearing the court will consider what action it ought to take to advance this case to resolution. The parties are to file with the court and serve on the other parties a statement of their position(s) on how the court ought to proceed to resolve this case; the report(s) must be received by the court and other parties not later than Wednesday, April 16, 2025. All parties are advised that failure to file the required report, and/or failure to attend the scheduled hearing, may result in the court taking any appropriate action, including, for example, entry of dismissal, default and/or default judgment. Plaintiff, by its counsel, is directed to serve promptly a copy of this order on defendant North Franklin Realty, LLC through its manager(s), member(s), or other principal(s), and to file with the court a certificate of having done so. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Jay Patrick Johnson, Esq. [email protected] Defendant: Charles S Kelly, Esq. [email protected] Defendant: Pro Se Sent On: 04/02/2025 14:06:02 Email notice to counsel on 4/2/2025.
  41. cheduled Judge: Piper, Hon. Gordon H. Event: Hearing on status and advancement of the case Date: 04/23/2025 Time: 12:00 PM (in person at the Suffolk County Courthouse in Boston) Notice of Event was generated and sent to: Plaintiff: Jay Patrick Johnson, Esq. [email protected] Defendant: Charles S Kelly, Esq. [email protected] Defendant: Jeffrey E. Ryan And Co., Inc. [email protected] Sent On: 04/02/2025 15:20:48 Email notice to counsel on 4/2/2025.
  42. ertificate of Service, filed.
  43. ertificate of Service, filed.
  44. laintiff's Report Under Order Issued April 2, 2025, filed.
  45. vent Resulted: Hearing scheduled on: 04/23/2025 12:00 PM Has been: Held in person Hon. Gordon H. Piper, Presiding April 23, 2025. Status Conference held pursuant to the court's order issued April 2, 2025, copies of which were served by plaintiff's counsel on defendant North Franklin Realty, LLC through its managers, members, or other principals. Attorney Jay Johnson appeared for the plaintiff. Despite notice, defendants Anthony Lewis, Victory Acquisitions LLC, and Victory Funding Solutions Inc., Jeffrey E. Ryan and Co., Inc., and North Franklin Realty, LLC did not appear. Attorney Jonathan Sales did take part in the conference telephonically, for the limited purpose of informing the court that North Franklin Realty, LLC is in the process of attempting to retain counsel; Attorney Sales did not at this time enter his appearance in this case. This case concerns a purported erroneous discharge of a first mortgage on the property at 181 North Franklin Street, Holbrook, Massachusetts ("Property"). Previously, counsel reported that at least some of the parties were engaged in attempts to reach a negotiated settlement. Attorney Johnson reported that he had been in touch with Attorney Sales, who indicated that he may himself enter an appearance for defendant North Franklin Realty, LLC in this case. Attorney Johnson also noted that he was been in communication with Attorney Joseph W. McDermott, who purports to speak for defendants Victory Acquisitions LLC, and Victory Funding Solutions Inc., Jeffrey E. Ryan and Co., Inc., but who has not yet formally agreed to represent those defendants and has not entered an appearance in this case. Attorney Johnson represented that he had been advised by Attorney McDermott that defendants Victory Acquisitions LLC, and Victory Funding Solutions Inc., Jeffrey E. Ryan and Co., Inc. have no current interest in pursuing any rights in or to the locus in this case, and have no objection to judgment entering in favor of plaintiff. Court noted that this case appears to have stalled because of changes made in the parties' respective legal representation. The court encouraged counsel present to proceed in good faith and with expediency in finalizing the state of the parties' representation. Court also explained that the defendant entities are unable to represent themselves pro se, and should they forego obtaining representation without delay, they are at risk of being defaulted and subject to default judgment entering in this case. Attorney Johnson to file a report with the court by May 7, 2025. Report to indicate whether Attorney McDermott intends to enter an appearance and, if so, if a stipulation is forthcoming from those defendants assenting to the relief requested by the plaintiffs in their initial complaint. Attorney Sales directed to conduct promptly any necessary conflicts checks and to file an appearance with the court if he intends to represent defendant North Franklin Realty, LLC and its principal. Attorney Sales encouraged, should he choose not to represent North Franklin Realty, LLC and its principal, to assist those parties in obtaining other representation, in keeping with his intentions expressed to the court. Attorney Sales also encouraged to advise North Franklin Realty, LLC and its principal that failure to obtain representation without delay may result in default and default judgment entering against the LLC defendant. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Jay Patrick Johnson, Esq. [email protected] Sent On: 04/25/2025 11:16:37 Email notice to counsel, and courtesy copy sent to Attorney Jonathan Sales on 4/25/2025.
  46. laintiff's Status Report, filed.

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