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Case Information
Filed
2022-11-09
Status
Closed
Type
Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket
24 entries
Disposition
judgment entered
Parties
Plaintiff
Rb Ventures, Inc.
Defendant
Jeannine M. Morin As Trustee And|Theresa D. Leab As Trustee And|Francis R. Martineau As Trustee And
Lawyers
Docket Entries
- omplaint filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 435791 Date: 11/09/2022
- and Court surcharge Receipt: 435791 Date: 11/09/2022
- and Court summons Receipt: 435791 Date: 11/09/2022
- 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: Michelle J Blair, Esq. [email protected] Defendant: Jeannine M. Morin as Trustee and Successor Trustee of The Indenture of Trust of Jeannine M. Morin Trust No addresses available Defendant: Theresa D. Leab as Trustee and Successor Trustee of The Indenture of Trust of Jeannine M. Morin Trust No addresses available Defendant: Francis R. Martineau as Trustee and Successor Trustee of The Indenture of Trust of Jeannine M. Morin Trust No addresses available Sent On: 12/23/2022 11:23:10
- vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 01/30/2023 Time: 11:00 AM
- ase Management Brief, filed.
- vent Resulted: Case Management Conference scheduled on: 01/30/2023 11:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding January 30, 2023. Case management conference held via videoconference. Early intervention event held. Attorney Michelle Blair appeared for the plaintiff. No other party appeared. In this action to quiet title, pursuant to G. L. c. 240, 6, the subject property has, as a matter of record, two mortgages that have not been discharged that remain as a cloud upon title. The plaintiff requests that the court enter declaratory judgment finding that these mortgages were satisfied in full and discharging the mortgages. Defendant trustees and successor trustees have been served. Attorney Blair is in contact with the trustee and indicated that the trustee may be amenable to assent to the judgment. Following discussion, the court granted 30 days to allow Attorney Blair to obtain a confirmatory discharge and clear title. The court scheduled a status conference for March 1, 2023 at 9:15am. Attorney Blair is to communicate the date and time of the status conference to the trustee so she may participate. (Smith, J.).
- cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 03/01/2023 Time: 09:15 AM
- etter to the court from Defendant Jeannine Morin, filed.
- vent Resulted: Status Conference scheduled on: 03/01/2023 09:15 AM Has been: Held via video Hon. Kevin T. Smith, Presiding March 1, 2023. Status conference held via videoconference. Attorney Michelle Blair appeared for the plaintiff. No other party appeared. Attorney Blair informed the court that she has been in contact with defendant Jeannine Morin, as well as defendant's grandson, and provided both with the information for this status conference. Defendant Morin's grandson was the mortgagor on both mortgages which have not been properly discharged. The defendant indicated an intent to continue cooperating with Attorney Blair, but there have been logistical issues preventing movement in the case. Attorney Blair is optimistic that she will still be able to obtain the confirmatory discharges and clear title and requested a further status conference as she works towards resolution. The court scheduled a status conference for April 26, 2023 at 9:15am, to be held only if Attorney Blair has not yet obtained and recorded the confirmatory discharges. At that time, the court will discuss the next steps for a declaratory judgment in this matter, if appropriate. (Smith, J.).
- cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/26/2023 Time: 09:15 AM
- vent Resulted: Status Conference scheduled on: 04/26/2023 09:15 AM Has been: Held via video Hon. Kevin T. Smith, Presiding April 26, 2023. Status conference held via videoconference. Attorney Michelle Blair appeared for the plaintiff. No other party appeared. Attorney Blair informed the court that the plaintiff has been unsuccessful in obtaining confirmatory discharges from the defendants. Attorney Blair indicated that she intends to proceed with a request for default and, if the defendants have still not agreed to confirmatory discharges, a motion for default judgment. In the next 30 days, Attorney Blair will submit the request for default and motion for default judgment, along with a proposed judgment that accurately describes the requested relief. The court is likely to rule on the papers without another hearing. (Smith, J.).
- ummons returned to Court with service on Francis R. Martineau as Trustee and Successor Trustee of The Indenture of Trust of Jeannine M. Morin Trust, Theresa D. Leab as Trustee and Successor Trustee of The Indenture of Trust of Jeannine M. Morin Trust filed. As to Francie R. Martineau - 01/27/2023: Service by leaving at the last and usual place of abode and by mailing 1st class; As to Theresa D. Leab - 01/27/2023: Service by leaving at the last and usual place of abode and by mailing 1st class.
- ummons returned to Court without service on Jeannine M. Morin as Trustee and Successor Trustee of The Indenture of Trust of Jeannine M. Morin Trust filed. 01/27/2023: Deputy Sheriff indicates, "Home has been sold, Defendant no longer resides at service address."
- laintiff's Motion to Deem Service Complete, filed.
- equest for Default as to the Defendant, Jeannine M. Morin as Trustee of the Indenture of Trust of Jeannine M. Morin, filed.
- ilitary Affidavit, filed.
- laintiff's, RB Ventures, LLC Motion to Enter Judgment on Count I and Count III of the Complaint, filed. (Note: [Proposed] Judgment submitted).
- ffidavit of William Porter In Support of Plaintiff's, RB Ventures, LLC Motion to Enter Judgment on Count I and Count III of the Complaint, filed.
- ugust 9, 2023. Plaintiff's Motion to Deem Service Complete ALLOWED (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Michelle J Blair, Esq. [email protected] Sent On: 08/09/2023 11:17:16 Notice of Docket Entry was generated and sent to: Plaintiff: Robert F Dionisi, Jr., Esq. [email protected] Sent On: 08/09/2023 11:22:49
- efendant Jeannine M. Morin as Trustee and Successor Trustee of The Indenture of Trust of Jeannine M. Morin Trust defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.) Judge: Patterson, Deborah J.
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