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Case Information
Filed
2025-10-02
Status
Open
Type
E Filed Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket
7 entries
Parties
Plaintiff
Brabo, Laurentzi|Demke, Celine
Defendant
Independence One Mortgage Corporation|Wells Fargo Bank, N.a., As Successor In Interest To Independence One Mortgage Corporation
Lawyers
Docket Entries
- he court has reviewed plaintiffs' Verified Complaint. It contains one count for a declaratory judgment to "remove a cloud on title" or "quiet title" seeking to expunge or discharge a registered mortgage of record that has been satisfied and paid in full. The property involved is registered land under Chapter 185 and plaintiffs are the registered certificate holders for said land. General Laws c. 185, 114(b) provides, in relevant part: "A registered owner or other person in interest may apply by complaint to the court upon the grounds that: (i) registered interests of any description, whether vested, contingent, expectant or inchoate, have terminated and ceased; ... or (vii) upon any other reasonable ground, and the court may hear and determine the complaint after notice to all parties in interest, and may order ... the entry or cancellation of a memorandum upon a certificate, or grant any other relief upon such terms, requiring security if necessary, as it may consider proper...." Additionally, G.L. c. 185, 115 requires that "Petitions and motions filed under this chapter after original registration shall be filed and entitled in the original case in which the decree of registration was entered." Plaintiff is further directed to the Land Court webpages: https://www.mass.gov/guides/land-court-registered-land-resources https://www.mass.gov/info-details/how-to-file-a-subsequent-to-registration-case-s-case-with-the-land-court The action described and relief requested in the Verified Complaint appears to fall under the Land Court's exclusive jurisdiction and established procedures for a "Subsequent to Registration" (SBQ) case. Based on the foregoing, and given that the matter was filed on the Land Court's "Miscellaneous" (MISC) docket, the court ORDERS plaintiff to file within seven (7) days, either (A) a Notice of Dismissal under Mass. R. Civ. P. 41; or (B) a written memorandum explaining why this matter should not be dismissed without prejudice to refiling the case on the Land Court's Subsequent to Registration (SBQ) docket. If no timely response is received, this action will be dismissed by the court. Email notice to: Attorney Christopher A. Callanan. Judge: Reznick, Hon. Lauren E. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected] Sent On: 10/08/2025 16:03:54
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- laintiffs' Motion for Leave to Serve Defendant New Century Mortgage Corporation by Publication, filed.
- and Court miscellaneous filing fee Receipt: 464227 Date: 10/03/2025
- and Court surcharge Receipt: 464227 Date: 10/03/2025
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- he case has been assigned to the A Track. Notice sent. Judge: Reznick, Hon. Lauren E. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Christopher A Callanan, Esq. [email protected]
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