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Case Information
Filed
2022-11-07
Status
Closed
Type
Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket
36 entries
Disposition
judgment entered
Parties
Plaintiff
Jp Morgan Chase Bank, N.a., Successor By Merger To Chase Home Finance, Llc, Successor By Merger To Chase Manhattan Mortgage Corporation
Defendant
Rappaport, Carey M.|Rappaport, Ann W.|1 St New England Mortgage Company
Lawyers
Docket Entries
- omplaint filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 435698 Date: 11/07/2022
- and Court surcharge Receipt: 435698 Date: 11/07/2022
- 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: Mony B Yin, Esq. [email protected] Plaintiff: Kevin L Murch, Esq. [email protected] Sent On: 11/16/2022 15:55:27
- vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 01/04/2023 Time: 11:00 AM Counsel notified via email.
- oint Case Management Statement, filed.
- vent Resulted: Case Management Conference scheduled on: 01/04/2023 11:00 AM Has been: Case management conference held via videoconference. Attorney Mony Yin appeared on behalf of the plaintiff and defendant Carey Rappaport appeared pro se. Court is in receipt of the parties' Joint Case Management Statement. Court first explained to Mr. Rappaport 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. Attorney Yin then advised that at issue in this case is a missing assignment in the chain of title for a mortgage which was granted by Carey and Ann Rappaport (the "Mortgage"), such that the attempted discharge is invalid and the Mortgage remains a cloud on title to the property at 53 East Quinobequin Road, Newton. Court then discussed with Attorney Yin and Mr. Rappaport the chain of title to the Mortgage, with Attorney Yin to consider whether Huntington Mortgage Company should be added as a party to this case. Following colloquy, Attorney Yin to file an Affidavit of Due Diligence, outlining all efforts to identify and serve any entities which may have an interest in the Mortgage (or the former officers or shareholders of any defunct entities), along with a Motion for Service by Publication, as may be appropriate. Attorney Yin also to file an Amended Verified Complaint confirming that Plaintiff holds the original note and detailing how Plaintiff holds an interest in the Mortgage (as successor to Chase Home Finance, LLC and Chase Manhattan Mortgage Corporation). Status conference scheduled for March 2, 2023, at 9:30 A.M., with Carey and Ann Rappaport excused from attending this and any future status conferences in this matter. Hon. Diane R. Rubin, Presiding Counsel and Defendant notified via email.
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 03/02/2023 Time: 09:30 AM
- vent Resulted: Status Conference scheduled on: 03/02/2023 09:30 AM Has been: Rescheduled to May 1, 2023 at 11:00 am, at the request of counsel and by agreement of the court. Hon. Diane R. Rubin, Presiding
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 05/01/2023 Time: 11:00 AM Counsel notified via email.
- ourt is in receipt of the Plaintiff's Verified Amended Complaint, however, service of process has not been effectuated within 90 days of filing of the original complaint in accordance with Mass. R. Civ. P. Rule 4(j). Accordingly, court will entertain a motion to extend time for service of process, if so filed, to be accompanied by an Affidavit of Due Diligence, outlining all efforts to identify and serve any entities which may have an interest in the Mortgage (or the former officers or shareholders of any defunct entities), along with a Motion for Service by Publication, as may be appropriate, as discussed at the Case Management Conference and as docketed on January 4, 2023. For the aforementioned reasons, the court cannot file the Amended Verified Complaint until we receive the other filings. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- laintiff's Response to April 4, 2023 Docket Entry, filed.
- ourt is in receipt of Plaintiff's Response to April 4, 2023 Docket Entry and request to docket Amended Complaint. Upon consideration, court takes notice of the service effectuated and requests that Plaintiff file a motion to amend the complaint, identifying the reasons for the requested amendment and the basis therefore. In addition, Plaintiff to file an Affidavit of Due Diligence, outlining all efforts to identify and serve any entities which may have an interest in the Mortgage (or the former officers or shareholders of any defunct entities), along with a Motion for Service by Publication, if appropriate, as discussed at the status conference on April 4, 2023. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- otion for Leave to File Verified Amended Complaint, filed.
- ourt has reviewed and ALLOWS Plaintiff's Motion for Leave to File Verified Amended Complaint, with the appended Verified Amended Complaint to be docketed. Court requests that Plaintiff file the following pleadings in advance of the next status conference: (1) an Affidavit of Due Diligence, outlining all efforts to identify and serve 1st New England Mortgage Corporation (or the former officers or shareholders of that entity if it is defunct); (2) a Motion for Service by Publication, as may be appropriate; and (3) affidavits with supporting documentation to establish that Margetten & Company, Inc. merged with Chemical Residential Mortgage Corporation, and that Chemical Residential Mortgage Corporation changed its name to Chase Manhattan Mortgage Corporation. Further, Plaintiff to file an affidavit with supporting documentation explaining why the Plaintiff identified in the Verified Amended Complaint is "JPMorgan Chase Bank, N.A., successor by merger to Chase Home Finance LLC, successor by merger to Chase Manhattan Mortgage Corporation," when JPMorgan Chase Bank, N.A. and Chase Home Finance LLC, are not entities identified in the chain of title set forth in the Amended Verified Complaint. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- erified Amended Complaint to Quiet Title, filed.
- vent Resulted: Status Conference scheduled on: 05/01/2023 11:00 AM Has been: Rescheduled to June 28, 2023 at 11:00 am. Hon. Diane R. Rubin, Presiding
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/28/2023 Time: 11:00 AM Counsel notified via email.
- laintiff's Response to April 26, 2023 Docket Entry, filed.
- otion for Service by Publication, filed.
- otion for Service by Publication ALLOWED. Publication to Issue. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- vent Resulted: Status Conference scheduled on: 06/28/2023 11:00 AM Has been: Rescheduled to September 8, 2023 at 10:30 am via Zoom. Counsel will be filing a Joint Status Report by September 1, 2023. Hon. Diane R. Rubin, Presiding
- cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 09/08/2023 Time: 10:30 AM Counsel notified via email.
- itation by publication in the Boston Globe/Herald or Mass Law.Wkly, returnable 08/14/2023, issued. (Copy emailed and mailed to: Mony B Yin, Esq. [email protected]; Kevin L Murch, Esq. [email protected])
- vent Resulted: Status Conference scheduled on: 09/08/2023 10:30 AM Has been: Status conference held via videoconference. Attorney Kevin Murch appeared on behalf of plaintiff JP Morgan Chase Bank, N.A. Defendants Carey M. and Ann W. Rappaport and 1st New England Mortgage Company did not appear. Attorney Murch reported beneficial conversations with Rappaport defendants about their assenting to the relief requested in the complaint. Following colloquy and by October 10, 2023, Attorney Murch to file the following: (1) Affidavit of Service by Publication on defendant 1st New England Mortgage Company; (2) Affidavit with supplemental evidence to demonstrate that the subject mortgage has been discharged and satisfied in full (such as perhaps, an affidavit from the Rappaports); (3) Request for Default against defendant 1st New England Mortgage Company under Mass. R. Civ. P. 55(a); and (4) Motion for Entry of Default Judgment against defendant 1st New England Mortgage Company pursuant to Mass. R. Civ. P. 55(b), potentially together with a motion to approve agreement for judgment with the assent of the Rappaports, and appended agreement for judgment in accordance with Land Court Rule 10. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- ffidavit of Publication, filed.
- equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant 1st New England Mortgage Company, filed. Along with a Memorandum in Support and a Proposed Order for Default Judgment.
- efendant 1st New England Mortgage Company defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- cheduled Judge: Rubin, Hon. Diane R. Event: Motion Date: 01/09/2024 Time: 10:00 AM Counsel notified via email.
- otice of Filing Affidavit, filed.
- oint Motion for Default Judgment and Agreed Final Judgment, filed.
- otice of Docket Entry: Court is in receipt of a Notice of Filing Affidavit, together with an Affidavit from Carey M. Rappaport which the accepts for the purpose of demonstrating that the mortgage at issue had been satisfied in full. The court is also in receipt of a Joint Motion for Default Judgment and Agreed Final Judgment. This latter filing does not comply with Land Court Rule 10, because it fails to append an agreement for judgment between the plaintiff and the Rappaports. As discussed at the status conference on September 8, 2023, and as set forth in the docket entry for that date, plaintiff and the Rappaports to file a Motion for Entry of Default Judgment against defendant 1st New England Mortgage Company pursuant to Mass. R. Civ. P. 55(b), together with a motion to approve agreement for judgment with the assent of the Rappaports, and appended agreement for judgment in accordance with Land Court Rule 10. No such agreement has been appended. Counsel notified via email. Judge: Rubin, Hon. Diane R.
- oint Motion to Approve Agreed Judgment filed by the Parties in this case.
- efault Judgment as to Defendant 1st New England Mortgage Corporation and Assented to Judgment as to Defendants Carey M. and Ann W. Rappaport, issued. (Copies emailed to Attorney Kevin Murch) Judge: Rubin, Hon. Diane R.
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