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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-10-12
Status Closed
Type Dom Discharge Old Mortgage, G.l. Chapter 240, 15
Docket 33 entries
Disposition judgment entered

Parties

Plaintiff Hyzak, Peter M.|Hyzak, Alyson H.
Defendant Comstar Mortgage Corporation, Rescap Liquidating Trust, As

Lawyers

Docket Entries

  1. Default Judgment entered. (Copies emailed to Attorney Kurt McHugh) Judge: Smith, Hon. Kevin T.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 434976 Date: 10/12/2022
  4. Land Court surcharge Receipt: 434976 Date: 10/12/2022
  5. Land Court summons Receipt: 434976 Date: 10/12/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. 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] Defendant: Comstar Mortgage Corporation, Rescap Liquidating Trust, as Successor to GMAC Mortgage Corporation No addresses available Sent On: 11/16/2022 11:18:20
  8. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 12/13/2022 Time: 10:15 AM
  9. Certificate of Service from Plaintiff Regarding Providing Notice to Defendant, filed.
  10. Event Resulted: Case Management Conference scheduled on: 12/13/2022 10:15 AM Has been: Continued Hon. Kevin T. Smith, Presiding
  11. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 02/07/2023 Time: 11:30 AM
  12. Plaintiffs' Motion for Alternative Service on the Defendant Comstar Mortgage Corporation, filed (by email).
  13. Certificate of Service, filed.
  14. Plaintiffs' Case Management Conference Statement, filed (by email).
  15. Event Resulted: Case Management Conference scheduled on: 02/07/2023 11:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding February 7, 2023. Case management conference held via videoconference. Early intervention event held. Attorney Kurt McHugh appeared for the plaintiffs. No other party appeared. This is an action to quiet title pursuant to G. L. c. 240, 15. The cloud on title is an incorrectly discharged mortgage in plaintiffs' record chain of title. Plaintiffs have filed a motion for alternative service, which the court allowed. However, Attorney McHugh is in contact with a former vice president of defendant Comstar Mortgage Corporation, who may be able to sign an acceptance of service rendering the motion for alternative service unnecessary. Attorney McHugh is to report an update to the court no later than the end of the day on February 24, 2023, informing the court whether he has acquired acceptance of service or whether he intends to proceed with alternative service. Following service, Attorney McHugh will file a motion to approve the agreement of judgment with Comstar Mortgage Corporation, as well as a motion for default judgment. The court scheduled a status conference for April 6, 2023 at 2pm. (Smith, J.).
  16. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/06/2023 Time: 02:00 PM
  17. Citation by publication in the Rockwall County Herald Banner, returnable 05/01/2023, issued.
  18. Event Resulted: Status Conference scheduled on: 04/06/2023 02:00 PM Has been: Continued Hon. Kevin T. Smith, Presiding
  19. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 05/09/2023 Time: 10:00 AM
  20. Affidavit of Publication, filed.
  21. Affidavit of Service by Certified Mail on the Defendant Comstar Mortgage Corporation, filed.
  22. Event Resulted: Status Conference scheduled on: 05/09/2023 10:00 AM Has been: Continued Hon. Kevin T. Smith, Presiding
  23. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 06/07/2023 Time: 10:30 AM
  24. Plaintiff's Motion for Entry of Judgment pursuant to Mass. R. Civ.P. 55(b)(2), filed.
  25. Memorandum in support of the Plaintiff's Motion for Entry of Judgment pursuant to Mass. R. Civ.P. 55(b)(2), filed.
  26. Plaintiffs' Request for Entry of Default, filed.
  27. Defendant Comstar Mortgage Corporation, Rescap Liquidating Trust, as Successor to GMAC Mortgage Corporation defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  28. Event Resulted: Status Conference scheduled on: 06/07/2023 10:30 AM Has been: Held via video. Attorney Kurt McHugh appeared for the plaintiffs. The court advised Attorney McHugh that it ALLOWED the default on defendant Comstar Mortgage Corporation Rescap Liquidation Trust. Attorney McHugh requested to submit a proposed default judgment. Email notice to: Attorney Kurt McHugh. Hon. Kevin T. Smith, Presiding
  29. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kurt McHugh, Esq. [email protected]
  30. Certificate of Service, filed.
  31. Plaintiffs' Application for Entry of Default Judgment Pursuant to 55(b), filed.
  32. Memorandum of Law in Support of the Plaintiffs' Application for Entry of Default Judgment, filed.
  33. Proposed Judgment, filed.

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