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Docket Entries
- Default Judgment (Mass. R. Civ. P. 55(b)) and Order Approving Agreements for Judgment (Land Court Rule 10) entered. (Copies emailed to Attorneys Kurt McHugh and Michael Hagopian) Judge: Foster, Hon. Robert B.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 432359 Date: 07/11/2022
- Land Court surcharge Receipt: 432359 Date: 07/11/2022
- Land Court summons Receipt: 432359 Date: 07/11/2022
- The case has been assigned to the A Track. Notice sent.
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 08/24/2022 Time: 10:45 AM
- 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] Plaintiff: Kurt McHugh, Esq. [email protected] Sent On: 08/03/2022 09:36:41
- Summons returned to Court with service on Wells Fargo Home Mortgage, Inc. filed.
- Appearance of Michael R Hagopian, Esq. for Countrywide Home Loans, Inc., filed
- Certificate of Service, filed.
- Plaintiff's Partially Assented to Motion to Continue Case Management Conference of August 24, 2022, filed .
- Notice of Docket Entry: "Plaintiff's Partially Assented To Motion to Continue Case Management Conference ALLOWED. The August 24, 2022 case management conference is continued to October 7, 2022 at 9:15 am by zoom." (Notice of docket entry emailed to Attorneys of record)
- Event Resulted: Case Management Conference scheduled on: 08/24/2022 10:45 AM Has been: Continued Hon. Robert B. Foster, Presiding
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 10/07/2022 Time: 09:15 AM
- Summons returned to Court with service on Countrywide Home Loans, Inc. filed.
- Answer of Countrywide Home Loans, Inc. filed.
- Plaintiff's and Defendants Countrywide Home Loans, INC's Case Management Conference Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 10/07/2022 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding "October 7, 2022. Case Management Conference held via remote video conference. Attorneys Kurt McHugh and Michael Hagopian appeared. Plaintiff reports that it is likely to reach agreements for judgment with defendants Bank of America, N.A., Successor in Interest to Countrywide Home Loans, Inc., and Wells Fargo Home Mortgage, Inc. Plaintiff may file agreements for judgment when ready; court will approve the agreements at the time judgment is entered. Plaintiff is unable to serve defendant Superior Mortgage Corp. Plaintiff to file Motion for Publication and affidavit of diligent search by October 14, 2022. A continued Case Management Conference is set down for December 14, 2022, at 9:45 AM via Zoom. (Notice of docket entry emailed to Attorneys of record)
- Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 12/14/2022 Time: 09:45 AM
- Plaintiff's Motion for Alternative Service by Publication on Defendant Superior Mortgage Loan Service, filed.
- Notice of Docket Entry: "Plaintiffs' Motion for Alternative Service By Publication on the Defendant Superior Mortgage Corp. ALLOWED. Citation for publication to issue" (Notice of docket entry emailed to Attorneys of record) Judge: Foster, Hon. Robert B.
- Plaintiff's and Defendant's Countrywide Home Loans, INC Case Management Conference Statement, filed.
- Agreement for Judgment Between the Plaintiffs and the Defendant's Countrywide Home Loans, INC, filed.
- Citation by publication in the The Press of Atlantic City, returnable 12/19/2022, issued.
- Affidavit of Publication filed.
- Event Resulted: Case Management Conference scheduled on: 12/14/2022 09:45 AM Has been: Canceled Hon. Robert B. Foster, Presiding
- Notice of Docket Entry: Hi Clerk Burton-Rogers, Thank you for the email. Defendants Bank of America as successor to Countrywide Home Loans and Wells Fargo have both entered agreements for judgment with the plaintiff. I don't believe their appearance at the case management hearing on 12/14 is required and I assent to any request that they be excused from appearing at the hearing. Additionally, I'm not sure if a case management hearing is even necessary. The last defendant, Superior Mortgage Corp., is no longer an active entity and service has been completed by publication. I do not expect them to appeared in the case. The return on the publication citation is 12/19 and I intent to seek a default shortly thereafter. Please let me know if the court would still like to proceed with the 12/19 hearing and if there are any questions. Thank you
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Superior Mortgage Corp. doing business as Superior Mortgage Loan Services, filed.
- Status Report. At the time that the 12/14/22 Case Management Conference was cancelled, the court asked that I provide a status report by today. The Plaintiffs have reached agreements for judgment with Wells Fargo and Bank of America as successor to Countrywide. The Plaintiffs have completed service by publication on Superior Mortgage Corp and have requested the entry of default for their failure to respond to the complaint. Once the default is entered against Superior Mortgage Corp., the Plaintiffs will be filing a motion to approve the agreements for judgment and for default judgment against Superior Mortgage Court. If the court would like a more formal filing or has any questions, please let me know. Thank you.
- Notice of Docket Entry: Status report received and reviewed. If no motion for approval of agreement for judgment and for default judgment is filed, a further status report is due February 6, 2023. Judge: Foster, Hon. Robert B.
- Plaintiff's Motion for Approval of Agreements for Judgments and Applications for Entry of Default, filed.
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