Your case is unique, but you are not alone.
About 41,000 new cases are filed in U.S. courts every weekday. Behind each one is a person trying to understand what happens next. Here’s what the public record can tell you about this matter — and about the people deciding it.
Is this judge more likely to rule for the plaintiff or the defendant in cases of this type?
How has your attorney actually performed in front of this judge?
AICasePredict surfaces patterns from public court records. We don’t predict outcomes and we don’t recommend changing your attorney — that’s a conversation for you and them. We just show you what the record already says.
Full Analytics Report
- Complete case narrative
- Judge details and rulings
- Case disposition and outcome
- All docket entries
- Related cases and filings
$20
One-time purchase
Case Information
Filed
2023-05-08
Status
Open
Type
Dom Discharge Old Mortgage, G.l. Chapter 240, 15
Docket
20 entries
Parties
Plaintiff
Volchanov, Ivan
Defendant
Ameripath Mortgage Corporation|Deutsche Bank Trust Company Americas, As Trustee And Custodian For Hsbc Bank Usa, N.a. Ace 2006 Nc 1|Saxon Mortgage Services, Inc.
Lawyers
Docket Entries
- Citation by publication in the Orange County Register, returnable 01/27/2025, issued. (Copy emailed to Attorney Kurt McHugh)
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 440783 Date: 05/08/2023
- Land Court surcharge Receipt: 440783 Date: 05/08/2023
- Land Court summons Receipt: 440783 Date: 05/08/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Kurt McHugh, Esq. [email protected] Sent On: 05/15/2023 12:24:29
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 06/07/2023 Time: 02:30 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Kurt McHugh, Esq. [email protected] Sent On: 05/15/2023 12:32:10
- Summons returned to Court with service on Deutsche Bank Trust Company Americas, as Trustee and Custodian for HSBC Bank USA, N.A. ACE 2006-NC1 filed. Service made on May 17, 2023 by hand delivery of the summons and complaint on an agent of the defendant.
- Summons returned to Court with service on Saxon Mortgage Services, Inc. filed. Service completed on May 17, 2023 by hand delivering a copy of the summons, complaint, notice of case management conference to an agent of the defendant.
- Case Management Conference Statement, filed.
- Answer of Saxon Mortgage Services, Inc., filed.
- Appearance of Elizabeth E Georgiopoulos, Esq. for Saxon Mortgage Services, Inc., filed
- Event Resulted: Case Management Conference scheduled on: 06/07/2023 02:30 PM Has been: Held via video Hon. Gordon H. Piper, Presiding June 7, 2023. Case management conference held via videoconference. Attorney Kurt McHugh appeared for the plaintiff. Attorney Elizabeth Georgiopoulos appeared for defendant Saxon Mortgage Services, Inc. This case concerns a mortgage ("Ameripath Mortgage") encumbering the property located at 30 White Street, Westfield, Massachusetts ("Property"), granted on August 26, 2005 by the plaintiff' predecessors in interest, Robert L. Herbele II and Jonna Herbele ("Herbeles"), to defendant Ameripath Mortgage Corporation, securing a loan in the principal amount of $158,500.000, and recorded on September 12, 2005 with the Hampden County Registry of Deeds ("Registry") at Book 15319, Page 8. Ameripath is a corporation organized under the laws of the State of California and may be inactive. Attorney McHugh maintains that subsequently, on August 26, 2006, the Herbeles refinanced the Ameripath Mortgage, executing and delivering a new mortgage ("MERS Mortgage") to Mortgage Electronic Registration Systems, Inc., as nominee for Ameripath Mortgage Corporation, securing a loan in the principal amount of $200,000.000, and recorded with the Registry at Book 16176, Page 432. The proceeds of the MERS Mortgage were then used to pay off the Ameripath Mortgage, plaintiff alleges. On September 27, 2006, a stranger to the record title to the Ameripath Mortgage, Deutsche Bank Trust Company Americas, as Trustee and Custodian for HSBC Bank, N.A. ACE 2006-NC1 ("Deutsche Bank"), by its Attorney-in-Fact Saxon Mortgage Services, Inc. ("Saxon"), executed a discharge of the Ameripath Mortgage, recorded with the Registry on October 19, 2006 at Book 16266, Page 453. However, because there is no assignment of record to demonstrate that Deutsche Bank was the record holder of the Ameripath Mortgage, the discharge is ineffective as it was executed by a party outside the chain of title to the Ameripath Mortgage, and thus there is a cloud on the Property. Attorney McHugh informed the court that service on the defendant Ameripath was made at the address of its registered agent on file with the California Secretary of State, and also at its principal place of business and mailing address. Court instructed Attorney McHugh to file a motion for alternative service by publication, including an affidavit of diligent search. Following return date on any published citation, plaintiff to request default under Mass. R. Civ. P. 55(a) against all parties not timely filing an answer or responsive pleadings. Upon entry of default, plaintiff to file request pursuant to Mass. R. Civ. P. 55(b)(2) for default judgment, with affidavit and/or brief legal memorandum demonstrating entitlement to relief sought, and proposed form of judgment. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically through the Tyler eFiling Portal or by mailing of hard copies to the court. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Kurt McHugh, Esq. [email protected] Defendant: Jeffrey W Greene, Esq. [email protected] Defendant: Elizabeth E Georgiopoulos, Esq. [email protected] Sent On: 06/14/2023 09:48:50
- Summons returned to Court with service on Ameripath Mortgage Corporation filed. Service on May 25, 2023 by hand-delivery to agent of the defendant.
- Plaintiff's Motion for Alternative Service by Publication on the Defendant Ameripath Mortgage Corporation, filed.
- Affidavit of Diligent Search, filed.
- Stipulation of Written Consent to File Amended Answer to Complaint (including proposed amended answer), filed.
- First Amended Answer of Saxon Mortgage Services, Inc., filed [note, proposed answer filed October 30, 2023].
- Notice of Docket Entry: November 29, 2024: Motion for Alternative Service by Publication: ALLOWED. Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Kurt McHugh, Esq. [email protected] Defendant: Jeffrey W Greene, Esq. [email protected] Defendant: Elizabeth E Georgiopoulos, Esq. [email protected] Sent On: 12/02/2024 11:02:02
Get Free Case Details
Enter your email to receive case information including parties, docket entries, and status updates.
By submitting you agree to our Privacy Policy.
Need this case removed? Enter your email above — the confirmation email includes a case removal link.
Legal Analytics Has Been Featured In
