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Case Information
Filed
2022-11-02
Status
Closed
Type
Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket
33 entries
Disposition
judgment entered
Parties
Plaintiff
Lozada, Sady|Lozada, Martha Y.
Defendant
Backstrom, Michael|Backstrom, Karin|Couteau, Teriann|Commonwealth Of Massachusetts Executive Office Of Health And Human Services ('mass Health')|Backstrom, Mark
Lawyers
Docket Entries
- omplaint filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 435583 Date: 11/02/2022
- and Court surcharge Receipt: 435583 Date: 11/02/2022
- and Court summons Receipt: 435583 Date: 11/02/2022
- 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: Lacey Brantley, Esq. [email protected] Sent On: 11/08/2022 13:03:13
- vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 12/20/2022 Time: 11:00 AM Counsel notified via email.
- vent Resulted: Case Management Conference scheduled on: 12/20/2022 11:00 AM Has been: Rescheduled to January 11, 2023 at 11:00 am, at the request of counsel and by agreement of the court. Hon. Diane R. Rubin, Presiding
- vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 01/11/2023 Time: 11:00 AM Counsel notified via email.
- ummons returned to Court with service on Teriann Couteau filed. Served at the last and usual place of abode and by mailing first class mail on December 9, 2022.
- ummons returned to Court with service on Michael Backstrom filed. Served at the last and usual place of abode on December 8, 2022 and by mailing first class mail on December 9, 2022.
- ummons returned to Court with service on Commonwealth of Massachusetts Executive Office of Health and Human Services ("MassHealth") filed. Served in hand to Support Services, agent and person in charge at the time of service on December 8, 2022.
- ummons returned to Court with service on Karin Backstrom filed. Served at the last and usual place of abode on December 6, 2022 and by mailing first class mail on December 7, 2022.
- ummons returned to Court with service on Mark Backstrom filed. Served at the last and usual place of abode on December , 2022 and by mailing first class mail on December 8, 2022.
- laintiffs' CMC Statement, filed.
- vent Resulted: Case Management Conference scheduled on: 01/11/2023 11:00 AM Has been: Case management conference held via videoconference. Attorney Lacey Brantley appeared on behalf of the plaintiffs and Attorney Lawrence Perchick appeared on behalf of the Massachusetts Executive Office of Health and Human Services ("MassHealth"). Court is in receipt of Plaintiffs' CMC Statement. At issue in this case is a cloud on title to the property at 72 School Street, Saugus (the "Property"), created by an error in a 2005 deed, which identified the attorney in fact (Penny Backstrom) as grantor rather than the then owner of the property (Gustav Backstrom). Also at issue is a lien on the property held by MassHealth of approximately $22,000.00. Attorney Perchick advised that he intends to confer with Attorney Brantley and endeavor to resolve the MassHealth lien, but will file a Notice of Appearance and Answer in this case if they are unable to resolve the lien. Court then discussed with Attorney Brantley the efforts undertaken to identify, locate, and serve all individuals who may have an interest in the property, including the heirs of Gustav Backstrom. Following colloquy, Attorney Brantley to file an Affidavit of Due Diligence outlining such efforts, along with any returns of service and a Motion for Service by Publication. Attorney Brantley further to confer with Attorney Perchick and consider how best to resolve this case procedurally, whether by Default Judgment, Assented to Judgment (assent by Penny Backstrom), or some combination. Status conference scheduled for February 28, 2023, at 11:00 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/28/2023 Time: 11:00 AM
- MassHealth's) Stipulation for Judgment, filed.
- laintiffs' Motion for Service by Publication, filed.
- ffidavit of Due Diligence in Support of Motion for Service by Publication, filed.
- laintiffs' Motion for Service by Publication ALLOWED. Publication to Issue. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- vent Resulted: Status Conference scheduled on: 02/28/2023 11:00 AM Has been: Rescheduled to April 10, 2023 at 11:00 am. Hon. Diane R. Rubin, Presiding
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 04/10/2023 Time: 11:00 AM Counsel notified via email.
- itation by publication in the Boston Globe/Herald or Mass Law.Wkly, returnable 03/27/2023, issued.
- vent Resulted: Status Conference scheduled on: 04/10/2023 11:00 AM Has been: Status conference held via videoconference. Attorney Lacey Brantley appeared on behalf of the plaintiffs. Court is in receipt of (MassHealth's) Stipulation for Judgment. Court noted that MassHealth has filed a Stipulation for Judgment, and Attorney Brantley confirmed that the MassHealth Lien had already been paid using proceeds from a previous sale of the property. Attorney Brantley then advised that the citation by publication has run, and that she is awaiting an affidavit from the newspaper and will then file an Affidavit of Service by Publication. Following colloquy, Attorney Brantley invited to file Requests for Default pursuant to Mass. R. Civ. P. 55(a) and a Motion for Entry of Stipulated and Default Judgment pursuant to Mass. R. Civ. P. 55(b). Hon. Diane R. Rubin, Presiding Counsel notified via email.
- ffidavit of Service by Publication, filed.
- laintiffs' Request for Entry of Default under Rule 55(a), filed.
- efendant Michael Backstrom, Karin Backstrom, Mark Backstrom, Teriann Couteau defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- laintiffs' Motion for Entry of Stipulated and Default Judgment, filed.
- laintiffs' Memorandum in support of its Motion for Entry of Stipulated and Default Judgment, filed.
- ffidavit as to Military Service, filed.
- ith respect to use of the name of Defendant "Teriann Couteau" as appearing on the docket and in the case caption of the Complaint to Reform Deed, the record is hereby corrected to reflect the spelling of Defendant's name as "TeriAnn Comeau" to conform to the body of the Complaint to Reform Deed and subsequent filings, and court confirms that "TeriAnn Comeau" has been defaulted pursuant to Mass. R. Civ. P. 55(a). Counsel notified via email. Judge: Rubin, Hon. Diane R.
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