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Case Information

Filed 2022-08-30
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 19 entries
Disposition judgment entered

Parties

Plaintiff Caracuel, Maria M.
Defendant Calm Inc. As|Rescap Liquidating Trust, As|Mortgage Electronic Registration Systems, Inc.

Lawyers

Docket Entries

  1. Default Judgment entered. Judge: Piper, Hon. Gordon H.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433709 Date: 08/30/2022
  4. Land Court surcharge Receipt: 433709 Date: 08/30/2022
  5. Land Court summons Receipt: 433709 Date: 08/30/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the A Track. Notice sent.
  8. Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 10/19/2022 Time: 10:00 AM
  9. Summons returned to Court with service on Mortgage Electronic Registration Systems, Inc. filed. Service made on Darlena Mitchell, agent of Defendant Corporation, on September 12, 2022 at 155 Federal street, Suite 700, Boston, MA 02110.
  10. Summons returned to Court with service on Calm Inc. as Successor to Mortgage Masters, Inc. filed. Service made on Leif Thomsen, Resident Agent of Defendant, on September 15, 2022.
  11. Summons returned to Court with service on Rescap Liquidating Trust, as Successor to GMAC Mortgage Corporation filed. Summons delivered on September 16, 2022 to Wilmington Trust N.A. on behalf of Recap Liquidation Trust and delivered to paralegal Tara Aiken.
  12. Affidavit of Service re Service on Tara Aiken at Wilmington Trust, N.A.
  13. Case Management Conference Statement, filed.
  14. Event Resulted: Case Management Conference scheduled on: 10/19/2022 10:00 AM Has been: Held via video Hon. Gordon H. Piper, Presiding
  15. Notice of Docket Entry: October 19, 2022. Case management conference held via videoconference. Attorney Kurt McHugh appeared for the plaintiff. Plaintiff seeks to establish title free and clear of a mortgage encumbering of record the title to plaintiff's property in North Andover, Massachusetts. A mortgage on the property was given in 2001by plaintiff's predecessor in title to the now-defunct corporation Mortgage Masters (later known as Calm, Inc.). That mortgage later was assigned to GMAC, a now-defunct entity. Subsequently, the Mortgage Electronic Registration System ("MERS"), an entity holding no apparent record title to the mortgage, executed a recorded purported discharge of the mortgage. Attorney McHugh contends that the loan obligation underlying the 2001 mortgage was paid in full, and therefore plaintiff seeks judgment establishing that the loan has been satisfied, and the 2001 mortgage is no longer in force, despite the prior recorded deficient mortgage discharge by MERS. Attorney McHugh further confirmed that service was made in hand on the registered agent for the defunct corporation defendant Calm, Inc.; on GMAC's successor, ResCap Liquidating Trust; and on MERS. Given the service accomplished, the court will not require a motion for alternative service by publication; the court, however, will entertain such a motion for alternative service by publication on any successors in interest to the defunct corporations involved, should plaintiff elect. Following return dates on all summonses and any published citation, plaintiff to request default enter under Mass. R. Civ. P. 55(a) against all parties not timely filing an answer or responsive pleading. Upon entry of default, plaintiff to file motion pursuant to Mass. R. Civ. P. 55(b)(2) for default judgment. If a hearing is held on such motion, counsel to provide fourteen-days' notice of the default judgment hearing to those defendants who had been actually served. The motion for judgment is to be accompanied by appropriate evidentiary support in the form of affidavit(s), and a memorandum providing sufficient legal argument, to demonstrate entitlement to the requested relief, and is to be accompanied by a draft proposed form of default judgment. Alternatively, if any additional party appears or answers, parties promptly to request, in writing, further case management conference. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically and by mailing of hard copies to the court, with indication that electronic filings were made simultaneously. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Kurt McHugh, Esq. [email protected] Sent On: 10/24/2022 14:41:00
  16. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Calm Inc. as Successor to Mortgage Masters, Inc., Rescap Liquidating Trust, as Successor to GMAC Mortgage Corporation, filed.
  17. Defendants Calm Inc. as Successor to Mortgage Masters, Inc., Rescap Liquidating Trust, as Successor to GMAC Mortgage Corporation, and Mortgage Electronic Registration Systems, Inc. have been defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.) Judge: Patterson, Deborah J.
  18. Plaintiffs' Application for Entry of Default Judgment, Memorandum of Law, Proposed Judgement and Certificate of Service, filed.
  19. Request for Status Conference or Hearing, filed.

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