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Case Information
Filed
2025-10-16
Status
Open
Type
E Filed Mtb Try Title, G.l. Chapter 240, 1 5
Docket
21 entries
Parties
Plaintiff
Bazelais, Jean
Defendant
Us Bank National Association|Residential Funding Corporation|Ocwen|New Rez|Mortgage Electronic Registration Systems, Inc.|Mortgagee Doe
Lawyers
Docket Entries
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Keith Andrew Mitchell, Esq. [email protected] Sent On: 10/24/2025 13:43:43 (Sent to Pro Se Jean Bazelais via mail and email on 10/29/2025)
- ppendix 1 to Verified Complaint, filed.
- ppendix 2 to Verified Complaint, filed.
- and Court miscellaneous filing fee Receipt: 464581 Date: 10/17/2025
- and Court surcharge Receipt: 464581 Date: 10/17/2025
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- erified Statement of Facts, filed.
- mergency Motion for Protective Order/ Temporary Restraining Order and Stay Pending Scheduling and Holding of Preliminary Injunction Hearing (Verified) Given and Compliance to Compel Try Title, filed.
- ppearance of Pro Se for Jean Bazelais, filed
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- cheduled Judge: Smith, Hon. Kevin T. Event: Temporary Restraining Order Date: 10/17/2025 Time: 09:40 AM To be held: at the courthouse
- ctober 17, 2025. Emergency Motion for Protective Order/Temporary Restraining Order and Stay Pending Scheduling and Holding of Preliminary Injunction Hearing, DENIED. The court will hold a hearing on Plaintiff's Motion for Preliminary Injunction on October 23, 2025 at 2:30 p.m. Short order to issue in accordance with this date. (Smith, J.). (Copy sent to Pro Se Jean Bazelais via email on 10/17/2025)
- ummons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Smith, Hon. Kevin T. Event: Hearing on Preliminary Injunction Date: 10/23/2025 Time: 02:30 PM To be held: at the courthouse
- vent Resulted: Temporary Restraining Order scheduled on: 10/17/2025 09:40 AM Has been: Held in person Hon. Kevin T. Smith, Presiding October 17, 2025. Ex parte hearing held on Plaintiff's Emergency Motion for Protective Order/Temporary Restraining Order and Stay Pending Scheduling and Holding of Preliminary Injunction Hearing held in-person in the Land Court. Jean Bazelais appeared pro se. This case involves a challenge by the Plaintiff to the validity of a mortgage foreclosure on the property at 33 Everett Street, Everett MA that took place in May 2018. The Plaintiff reported to the court that the Middlesex County Sheriff's Department is currently in the process of removing the occupants of the premises based on an order for possession and execution issued by the Housing Court in favor of the mortgagee that took title at the time of the foreclosure. The Plaintiff did not provide the court with any of the pleadings or orders issued by the Housing Court, including the order for possession. After hearing, the court DENIED the Emergency Motion for Protective Order/Temporary Restraining Order, but issued a short order of notice for a hearing on the Plaintiff's Motion for Preliminary Injunction scheduled for Thursday, October 23, 2025 at 2:30 p.m. in person at the Land Court. The Plaintiff was directed to provide service of the short order and all suit papers on the Defendants as soon as reasonably possible. (Smith, J.). (Copy sent to Pro Se Jean Bazelais via email on 10/17/2025)
- ppearance of Keith Andrew Mitchell, Esq. for US Bank National Association Trustee of RASC Series 2006-KS2 Trust, filed
- pposition to Motion for Preliminary Injunction & to Dismiss Case, filed.
- ffidavit of Keith A. Mitchell Regarding Business Records, filed.
- ertificate of Service, filed.
- emorandum in Support Emergency Motion for Protective Order/Temporary Restraining Order and Stay Pending Scheduling and Holding of Preliminary Injunction Hearing (Verified) Given and Compliance to Compel Try Title, filed.
- vent Resulted: Hearing on Preliminary Injunction scheduled on: 10/23/2025 02:30 PM Has been: Held in person Hon. Kevin T. Smith, Presiding October 23, 2025. Hearing on Preliminary Injunction held in person at the Land Court. The Plaintiff, Jean Bazelais, appeared pro se. Attorney Keith Andrew Mitchell appeared on behalf of Defendant US Bank National Association Trustee of RASC Series 2006-KS2 Trust. No other Defendants appeared. This case involves a challenge by the Plaintiff to the validity of a mortgage foreclosure on the property at 33 Everett Street in Everett that took place in May 2018. Before the court are the Plaintiff's Motion for Preliminary Injunction; Plaintiff's Memorandum of Law in Support of Emergency Protective Order/ Temporary Restraining Order and Stay Pending Scheduling and Holding of Preliminary Injunction Hearing; Defendant US Bank National Association Trustee of RASC Series 2006-KS2 Trust's Opposition and Motion to Dismiss; and Affidavit of Keith A. Mitchell Regarding Business Records. The Plaintiff previously requested that the court temporarily restrain the action of the Middlesex Sheriff's Department in serving the execution issued by the Housing Court and removing the occupants of the property under that court's order for possession. Attorney Mitchell argued that the case should be dismissed as moot because the Plaintiff no longer has ownership or possession of the property. He argued that the Housing Court had jurisdiction over the Plaintiff's claims challenging the foreclosure and that the Plaintiff either raised or should have raised his claims there. The Plaintiff responded that he has valid claims to try title to the property that are outside the jurisdiction of the Housing Court to adjudicate. Thus, the court should not dismiss his claims. The court declined to rule on the Defendant's motion to dismiss as it is not supported by sufficient evidence to support the relief requested. Attorney Mitchell indicated that he plans to file either supplemental material or a new motion to dismiss that is supported by additional evidence. The Plaintiff submitted a supplemental legal memorandum in support of his request for a preliminary injunction. Given its length and the depth of the discussion presented in that supplemental memorandum, the court took the motion under advisement so that it may review the Plaintiff's arguments set forth therein. (Smith, J.).
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