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Case Information
Filed
2023-10-24
Status
Closed
Type
E Filed Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket
26 entries
Disposition
judgment
Parties
Plaintiff
Jp Morgan Chase Bank, N.a.
Defendant
Holgerson, Ross|Performance Credit, Llc, F/k/a Performance Credit Corporation, F/k/a Encore Credit Corporation|Mortgage Electronic Registration Systems, Inc., As Nominee For Homestead Funding Corporation D/b/a Mc Glone Mortgage Group
Lawyers
Docket Entries
- greement for Judgment approved by the Court.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 445059 Date: 10/25/2023
- and Court surcharge Receipt: 445059 Date: 10/25/2023
- omplaint eFiled.
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the A Track. Notice sent.
- vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 11/28/2023 Time: 09:00 AM
- laintiff's Motion for Appointment of a Special Process Server (Cynthia Paris), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of Record by email
- laintiff's Motion for Appointment of a Special Process Server (Paul Nardizzi), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of Record by email.
- ffidavit of Service, filed.
- ppearance of Devin K Bolger, Esq. for Mortgage Electronic Registration Systems, Inc., As Nominee For Homestead Funding Corporation d/b/a McGlone Mortgage Group, filed
- mail Report from JPMorgan Chase Bank, N.A., filed.
- pdated Report from JPMorgan Chase Bank, N.A., filed.
- laintiff reports that defendants Holgerson and Performance Credit have been served, but won't be joining the parties' joint case-management conference report. Plaintiff is optimistic, however, that it can reach agreed judgments with both defendants. The Court thus CANCELS the case-management conference in this matter. The Court ORDERS Plaintiff to file by December 8, 2023, (a) returns of service as to defendants Holgerson and Performance Credit; and (b) a report with defendant MERS concerning the status of Plaintiff's efforts to resolve this dispute via agreed judgments (or whether, instead, the Court should default any of the parties). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin L Murch, Esq. [email protected] Defendant: Devin K Bolger, Esq. [email protected] Sent On: 11/27/2023 15:38:25
- vent Resulted: Case Management Conference scheduled on: 11/28/2023 09:00 AM Has been: Canceled Hon. Michael D. Vhay, Presiding
- ase Management Conference Joint Statement, filed.
- he Court has reviewed the appearing parties' status report. The Court ORDERS the appearing parties to file by January 5, 2024, a suitable motion for entry of an agreed judgment or a further status report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin L Murch, Esq. [email protected] Defendant: Devin K Bolger, Esq. [email protected] Sent On: 12/11/2023 10:47:36
- oint Motion to Enter Agreed Final Judgment, filed.
- he Court has reviewed the parties' Joint Motion to Enter Agreed Final Judgment. The Motion is DENIED. The motion caused the Court to review Mr. Holgerson's title to his condominium unit. The unit is on registered land, a fact the Bank's complaint doesn't squarely mention. While the Bank thus should have filed this action as a subsequent-to-registration (or "SBQ") case, seeking to strike from Holgerson's memorandum of unit ownership the Encore Mortgage, since all of the parties who would have been served in such a case have agreed on the ultimate remedy, the Court will not dismiss this case and require the re-filing of an SBQ case. Instead, the Court will take the parties' proposed Agreed Final Judgment, recast it as an Order of Court of the type used in SBQ cases, then send the draft Order to the parties for their assent or objections. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin L Murch, Esq. [email protected] Defendant: Devin K Bolger, Esq. [email protected] Defendant: Ross Holgerson [email protected] Defendant: Performance Credit, LLC, f/k/a Performance Credit Corporation, f/k/a Encore Credit Corporation [email protected] Sent On: 12/14/2023 13:26:47
- n order to grant the relief sought in the Agreed Final Judgment in this case, one of three things must happen: either (1) Performance Credit, LLC must have an attorney enter an appearance in this case; (2) the Bank must obtain from Performance Credit a notarized, signed document assenting to the relief sought in the Bank's complaint; or (3) the Bank must move for entry of Performance Credit's default in this case. The Court ORDERS the Bank to report by December 22, 2023, which option the Bank chooses. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin L Murch, Esq. [email protected] Defendant: Devin K Bolger, Esq. [email protected] Defendant: Ross Holgerson [email protected] Defendant: Performance Credit, LLC, f/k/a Performance Credit Corporation, f/k/a Encore Credit Corporation No addresses available Sent On: 12/14/2023 13:31:33
- esponse to December 14, 2023 Docket Entry, filed.
- he Court has reviewed JPMC's Response. The Court ORDERS JPMC to file the Performance Credit materials by December 29, 2023. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin L Murch, Esq. [email protected] Defendant: Devin K Bolger, Esq. [email protected] Defendant: Ross Holgerson [email protected] Sent On: 12/21/2023 07:58:56
- otice of Assent to Relief Requested in Complaint, filed.
- he Court has drafted a proposed order reflecting the parties' agreement for judgment. The image of that draft order is being sent to the parties and put on MassCourts. The Court ORDERS the parties to file by January 12, 2024, any objections to or comments on the order; should no one file comments by then, or should the parties sooner jointly assent to the order, it will issue as drafted. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Kevin L Murch, Esq. [email protected] Defendant: Devin K Bolger, Esq. [email protected] Defendant: Ross Holgerson [email protected] Sent On: 01/09/2024 10:57:03
- and Court Registered Land Order of the Court, issued. (Copies emailed to Attorneys Kevin Murch and Devin Bolger, and Pro Se Respondent Ross Holgerson) Judge: Vhay, Hon. Michael D.
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