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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-10-14
Status Closed
Type Ota Other
Docket 33 entries
Disposition dismiss

Parties

Plaintiff Feeley, David C.|Feeley, Virginia M.
Defendant Selene Finance Lp|Wilmington Savings Fund Society, Fsb

Lawyers

Docket Entries

  1. Notice of Voluntary Dismissal - Mass.R.Civ.P.41(a)(1)(i).
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 425899 Date: 10/14/2021
  4. Land Court surcharge Receipt: 425899 Date: 10/14/2021
  5. Land Court summons Receipt: 425899 Date: 10/14/2021
  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: Roberts, Hon. Jennifer S.D. Event: Case Management Conference Date: 12/02/2021 Time: 09:00 AM
  9. Appearance of John T Precobb, Esq. for Selene Finance LP, Wilmington Savings Fund Society, FSB doing business as Christiana Trust, Not Individually but as Trustee for Pretium Mortgage Acquisition Trust, filed
  10. Appearance of John T Precobb, Esq. for Selene Finance LP, Wilmington Savings Fund Society, FSB doing business as Christiana Trust, Not Individually but as Trustee for Pretium Mortgage Acquisition Trust, filed (Corrected year on Certificate of Service)
  11. Assented To Motion to Extend Time to File Responsive Pleading (extension through December 24, 2021), filed by email.
  12. Assented To Motion to Extend Time to File Responsive Pleading (extension through December 24, 2021) ALLOWED. Case Management Conference via Zoom scheduled December 2, 2021 at 9:00 AM is VACATED. Case Management Conference via Zoom rescheduled to January 4, 2022 at 10:00 AM. Email notice to: Attorney Todd Dion and Attorney John T. Precobb Judge: Roberts, Hon. Jennifer S.D.
  13. Event Resulted: Case Management Conference scheduled on: 12/02/2021 09:00 AM Has been: Rescheduled Hon. Jennifer S.D. Roberts, Presiding
  14. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 01/04/2022 Time: 10:00 AM
  15. Selene Finance LP and Wilmington Savings' Motion to Dismiss, filed by email.
  16. Memorandum of Law of Selene Finance and Wilmington Savings In Support of Motion to Dismiss, filed by email.
  17. Notice of Docket Entry: In view of defendants' filing of a motion to dismiss the complaint, the case management conference scheduled for January 4, 2022 is cancelled. Any opposition to the motion, and any reply thereto, should be filed and served in accordance with Land Court Rule 4. When the matter is fully briefed, defendants are instructed to request a hearing date. Email notice to: Attorney Todd Dion and Attorney John T. Precobb. Judge: Roberts, Hon. Jennifer S.D.
  18. Event Resulted: Case Management Conference scheduled on: 01/04/2022 10:00 AM Has been: Canceled Hon. Jennifer S.D. Roberts, Presiding
  19. Plaintiffs' Opposition to Defendants' Motion to Dismiss With Incorporated Memorandum of Law, filed by email.
  20. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Motion to Dismiss VIA ZOOM Date: 04/06/2022 Time: 02:00 PM Email notice to: Attorney Todd Dion and Attorney John T. Precobb.
  21. Event Resulted: Hearing on Selene Finance LP and Wilmington Savings' Motion To Dismiss ("the Motion") scheduled on: 04/06/2022 02:00 PM Has been: Held via video. Attorney Todd S. Dion appeared for plaintiffs and Attorney John T. Precobb appeared for defendants. The court expressed its concern regarding the status of the foreclosure at issue in this case. Specifically, it noted that the foreclosure deed and associated documents have yet to be registered on the certificate of title (four years after the foreclosure sale), as a result of which title to the property currently remains with the plaintiffs. After discussion with counsel regarding the procedural issues created by these facts, the Motion is HELD IN ABEYANCE. The court will consult with the Chief Title Examiner regarding how best to move forward with this case and will relay its findings to counsel in the near future. Email notice to: Attorney Todd Dion and Attorney John T. Precobb. Hon. Jennifer S.D. Roberts, Presiding
  22. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Todd Dion, Esq. [email protected] Defendant: John T Precobb, Esq. [email protected] null: File Copy Sent On: 04/07/2022 12:20:05
  23. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 04/26/2022 Time: 03:00 PM Email notice to: Attorney Todd Dion and Attorney John T. Precobb.
  24. Event Resulted: Status Conference scheduled on: 04/26/2022 03:00 PM Has been: Held via video. Attorney Todd S. Dion appeared for plaintiffs and Attorney John T. Precobb appeared for defendants. The court informed the parties that is has placed a hold on the relevant certificate of title until the issues raised in this case are resolved. Attorney Precobb informed the court that he has obtained copies of the foreclosure documents that should be recorded. Attorney Precobb stated that he intends to file a subsequent to registration case within the next thirty days, which should result in the noticing of any applicable junior lienors. The court advised Attorney Precobb to request that this court (Roberts, J.) be assigned to that action. This case is STAYED UNTIL FURTHER ORDER OF THE COURT. Email notice to: Attorney Todd S. Dion and Attorney John T. Precobb. Hon. Jennifer S.D. Roberts, Presiding
  25. CASE STAYED UNTIL FURTHER ORDER OF THE COURT. Judge: Roberts, Hon. Jennifer S.D.
  26. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Todd Dion, Esq. [email protected] Defendant: John T Precobb, Esq. [email protected] null: File Copy Sent On: 04/27/2022 16:10:11
  27. Assented To Motion to Extend Time to File S-Petition (through June 30, 2022), filed by email.
  28. Assented To Motion to Extend Time to File S-Petition (through June 30, 2022) ALLOWED. Email notice to: Attorney Todd Dion and Attorney John T. Precobb. Judge: Roberts, Hon. Jennifer S.D.
  29. Assented To Motion for Status Conference and for Extension of Time to File S Petition, filed by email.
  30. Assented To Motion for Status Conference and for Extension of Time to File S Petition ALLOWED. Email notice to: Attorney Todd S. Dion and Attorney John T. Precobb. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Todd Dion, Esq. [email protected] Defendant: John T Precobb, Esq. [email protected]
  31. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 08/02/2022 Time: 09:30 AM Email notice to: Attorney Todd S. Dion and Attorney John T. Precobb.
  32. Event Resulted: Status Conference scheduled on: 08/02/2022 09:30 AM Has been: Held via video. Attorney Todd S. Dion appeared for plaintiffs and Attorney John T. Precobb appeared for defendants. The court informed counsel that, title in the property at issue remains with the Feeleys and, as far as this court is concerned, no foreclosure has taken place, nothing having been noted on the certificate of title. As a result, at present, there is no case or controversy with respect to title to the property and the agreement between counsel to the contrary does not create one. In support of the proposition that the Land Court does not have exclusive jurisdiction over matters involving registered land raising the kind of issues raised here, Attorney Precobb requested that the court review Steele v. Kelley, 46 Mass. App. Ct. 712 (1999). The court informed counsel it would review that case. The foregoing notwithstanding, the court noted (1) that it had consulted with Chief Title Examiner Geaney before previously settling on the route of an S-Petition to properly raise the issues here, (2) that counsel had failed to make a case for reconsideration of the court's prior rulings, see Audubon Hill S. Condo. Ass'n v. Community Ass'n Underwriters of Am., Inc., 82 Mass. App. Ct. 461, 470 (2012), (3) that the burden was on Attorney Precobb's client, not the plaintiffs, to file an S-Petition seeking cancellation of the plaintiffs' certificate of title and the issuance of a new certificate of title in its name, and (4) that the best way forward, given the issues here, was for Attorney Precobb to file an S-Petition seeking to amend the certificate of title. Attorney Precobb should request that it be assigned to this judge. The court assured Attorney Precobb that it would expedite any S-Petition filed. Email notice to: Attorney Todd S. Dion and Attorney John T. Precobb. Hon. Jennifer S.D. Roberts, Presiding
  33. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Todd Dion, Esq. [email protected] Defendant: John T Precobb, Esq. [email protected] Sent On: 08/03/2022 16:09:22

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