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Case Information
Filed
2024-11-26
Status
Closed
Type
E Filed Mtb Try Title, G.l. Chapter 240, 1 5
Docket
13 entries
Disposition
dismiss
Parties
Plaintiff
Morseau, Alex|Morseau, Julia
Defendant
Sylvestre, Kam
Lawyers
Docket Entries
- otice of Dismissal - Mass.R.Civ.P.41(a)(1)(i).
- and Court surcharge Receipt: 456332 Date: 11/26/2024
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- etition to Compel Adverse Clamant to Try Title, eFiled.
- 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: Jeffrey B Loeb, Esq. [email protected] Sent On: 12/03/2024 08:25:44 Email notice to counsel on 12/3/2024.
- vent Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 01/08/2025 Time: 10:00 AM (on ZOOM) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Jeffrey B Loeb, Esq. [email protected] Sent On: 12/03/2024 08:29:02 Email notice to counsel on 12/3/2024.
- ummons returned to Court with service on Kam Sylvestre filed. Service on December 6, 2024 at last and usual place of abode.
- laintiffs' Case Management Conference Memo, filed.
- vent Resulted: Case Management Conference scheduled on: 01/08/2025 10:00 AM Has been: Held via video Hon. Gordon H. Piper, Presiding January 8, 2025. Case Management Conference held via videoconference. Early intervention event held. Attorney Jeffrey Loeb appeared for the plaintiffs. Defendant Kam Sylvestre appeared on his own behalf. This case concerns a property located at 4 Alpine Street, Worcester, Massachusetts ("Property"). Plaintiffs purport to hold title to the Property by deed recorded with the Worcester County Registry ("Registry") of Deeds in Book 69121, Page 214. Plaintiffs claim that on April 11, 2000, the City of Worcester recorded a tax taking of the Property ("Taking"), then owned by Paul and Stephen Jennette, in the Registry in Book 22483, Page 259. Plaintiffs allege that on July 28, 2008, a tax deed ("Tax Deed") was recorded with the Registry in Book 43133, Page 305, purporting to transfer title to the Property to defendant Kam Sylvestre subject to the statutory right of redemption. Additional tax takings and certificates of redemption, which plaintiffs contend are not of import to the particular dispute here, were recorded against the Property. Plaintiffs maintain that on May 28, 2019 a certificate of redemption ("Certificate of Redemption") again was filed with the Registry, pursuant to G.L.c. 60 section 63, in Book 60461, Page 362, redeeming the Property that had been subject to the 2000 Taking and. The plaintiffs claim to be record title holders of the Property following mesne conveyances made after the Certificate of Redemption was recorded with the Registry. Upon inquiry from the court, Attorney Loeb and Mr. Sylvestre both confirmed that they do not have documentation to support the plaintiffs' contention that the funds used to redeem the property ("Redemption Payment"), as noted in the Certificate of Redemption, were paid to Mr. Sylvestre. Plaintiffs nonetheless maintain that Redemption Payment was made to Mr. Sylvestre in 2019, and that by virtue of such redemption payment, title to the Property was redeemed from the Taking and title reverted to one or both of the Jennettes. Mr. Sylvestre indicated a willingness to resolve the matter privately if the plaintiffs can furnish evidence that the Redemption Payment was received by Mr. Sylvestre. Plaintiffs instructed to file promptly with the court a supplemental report including copies of the Registry documents referenced in their complaint filed on November 26, 2024. Plaintiffs further instructed to investigate City of Worcester records, including those held by the Tax Collector, in an effort to locate documentation concerning the Redemption Payment and whether it was ever made to Mr. Sylvestre. Plaintiff to file a written report with the court by February 28, 2025, indicating what information, if any, has been identified through such investigation and otherwise indicating plaintiffs' proposed next steps in the case. Parties also undertook to engage in dialogue to pursue a possible consensual resolution of this matter. The court advised the parties of the opportunities for alternative dispute resolution. All parties agreed to electronic service of filings. 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 was generated and sent to: Plaintiff: Jeffrey B Loeb, Esq. [email protected] Plaintiff: Jeffrey B Loeb, Esq. [email protected] Defendant: Kam Sylvestre [email protected] Sent On: 01/10/2025 14:38:35
- etitioner's Supplement to Case Management Conference Memo, filed.
- etitioner's Status Report, filed.
- otice of Voluntary Dismissal, filed.
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