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Case Information
Filed
2025-01-30
Status
Open
Type
E Filed Ota Other
Docket
17 entries
Parties
Plaintiff
Bank Of America, N.a.
Defendant
Tower Financial Group, Inc.
Lawyers
Docket Entries
- Defendant Tower Financial Group, Inc. defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.) Email notice to counsel on 4/17/2025.
- Land Court surcharge Receipt: 457831 Date: 01/30/2025
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Verified Complaint to Remove Cloud on Title, eFiled. (Courtesy Copy received)
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff. (Courtesy Copy received)
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 02/03/2025 13:04:01 Email notice sent 2/3/2025.
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 02/21/2025 Time: 10:00 AM (on ZOOM) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Denise A Chicoine, Esq. [email protected] Plaintiff: Edward Steffens Englander, Esq. [email protected] Sent On: 02/03/2025 13:07:12 Email notice to counsel on 2/3/2025.
- Case Management Conference Statement, filed.
- Plaintiff's Motion for Publication, filed.
- Event Resulted: Case Management Conference scheduled on: 02/21/2025 10:00 AM Has been: Held via video Hon. Gordon H. Piper, Presiding February 21, 2025. Case Management Conference held via videoconference. Attorney Edward Englander appeared for the plaintiff. Despite notice, no defendant appeared. This case concerns a mortgage ("First Mortgage") encumbering the property ("Property") located at 3 Bennett Street, Woburn, Massachusetts, granted on July 23 1998 by Michael A. Budka and Amy Budka ("Budkas") to defendant Tower Financial Group, Inc. ('Tower Financial") securing a promissory note in the amount of $140,000.00, and recorded on July 28, 1998 with the Middlesex South Registry of Deeds ("Registry") at Book 28889, Page 385. Tower Financial is a defunct corporation organized under the laws of the State of Rhode Island. The complaint advances the proposition that the First Mortgage was assigned to Countrywide Home Loans, Inc. ("Countrywide"), plaintiff Bank of America, N.A.'s corporate predecessor in interest, but that for unknown reasons the assignment was never recorded and cannot be located. Subsequently, on August 12, 1999, the Budkas refinanced the First Mortgage, executing and delivering a new mortgage ("Second Mortgage") securing a loan in the original principal amount of $146,400.00 to Tower Financial, the mortgage recorded with the Registry on August 18, 1999 at Book 30556, Page 434. Plaintiff Bank of America acknowledged on August 20, 1999, that following the refinance, on August 12, 1999, the First Mortgage was paid in full. On May 15, 2000, Countrywide executed a discharge of mortgage ("Discharge") for the First Mortgage, which discharge was recorded with the Registry on March 23, 2001 at Book 32543, Page 39. However, because there is no assignment of record to demonstrate the assignment of the First Mortgage from defendant Tower Financial to plaintiff Countrwide, the complaint alleges that the discharge is ineffective as it was executed by a party outside the chain of title to the First Mortgage, and there is a cloud on title to the Property. Plaintiff's counsel also says that the Discharge erroneously listed the Property address as 3 Bennett Street, Middleton, Massachusetts rather than 3 Bennett Street, Woburn, Massachusetts, causing a further cloud on title. Countrywide executed a second discharge of the First Mortgage ("Second Discharge") on April 2, 2001, and recorded with the Registry on April 24, 2001 at Book 32728, Page 371. The Second Discharge again listed the incorrect Property address, and was executed by a party outside the chain of title to the First mortgage. Attorney Englander reported that service had been accomplished via long-arm statute on the sole officer identifiable for defunct entity Tower Financial. Attorney Englander also has filed a Motion for Alternative Service by Publication on February 18, 2025, which motion the court ALLOWS. Plaintiff's counsel to coordinate issuance of the citation for publication. Following return dates on all summonses and the 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 request pursuant to Mass. R. Civ. P. 55(b)(2) for 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 via the Tyler eFiling portal. (Piper, C.J.)
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Edward Steffens Englander, Esq. [email protected] Plaintiff: Denise A Chicoine, Esq. [email protected] Sent On: 02/25/2025 09:21:21
- Diligent Service Affidavit Regarding Defendant, filed.
- Citation by publication in the Providence Journal, returnable 04/14/2025, issued.
- Plaintiff's Proof of Publication, filed.
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Tower Financial Group, Inc., filed.
- Plaintiff's Motion for Entry of Final Judgment by Default Pursuant to Mass. R. Civ.P. 55(a), filed.
- Memorandum in Support of Plaintiff's Motion for Entry of Final Judgment by Default (including Proposed Default Judgment), filed.
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