Junior et al v. Wells Fargo Bank, N.A. et al
| Massachusetts District Court | |
| Judge: | Richard G Stearns |
| Case #: | 1:17-cv-10460 |
| Nature of Suit | 220 Real Property - Foreclosure |
| Cause | 28:1442 Notice of Removal |
| Case Filed: | Mar 19, 2017 |
| Terminated: | Mar 30, 2017 |
| Last checked: Friday Sep 15, 2017 5:19 AM EDT |
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Defendant
Harmon Law Offices, P.C.
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Represented By
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Defendant
Korde & Associates, P.C.
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Represented By
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Defendant
Ocwen Loan Servicing, LLC
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Represented By
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Defendant
The Bank of New York Mellon f/k/a The Bank of New York as successor to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certifi
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Represented By
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Defendant
U.S. Bank National Association as Trustee of Structured Asset Investment Loan Trust 2006-4
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Represented By
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Defendant
Wells Fargo Bank, N.A.
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Represented By
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Defendant
Wells Fargo Home Mortgage, Inc.
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Represented By
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Plaintiff
Edward M. Flaherty, II
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Represented By
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Plaintiff
Bruce Junior
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Represented By
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Plaintiff
Estate of George R. Junior
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Represented By
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Plaintiff
Kazar Keuchkarian
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Represented By
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Plaintiff
Lisa C Keuchkarian
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Represented By
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| Docket last updated: 8 hours ago |
| Tuesday, May 19, 2020 | ||
| 49 | 49
appeal
USCA Mandate
Wed 05/20 8:14 AM
MANDATE of USCA as to44 Notice of Appeal filed by Bruce Junior, Edward M. Flaherty, II, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian. Appeal44 Terminated (Paine, Matthew) |
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| Tuesday, April 28, 2020 | ||
| 48 | 48
appeal
USCA Judgment
Wed 04/29 8:12 AM
USCA Judgment as to44 Notice of Appeal filed by Bruce Junior, Edward M. Flaherty, II, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian. AFFIRMED... (Paine, Matthew) |
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| Tuesday, May 02, 2017 | ||
| 47 | 47
misc
Transcript Order Form
Tue 05/02 11:59 AM
TRANSCRIPT ORDER FORM 10(b)(1)(B) Certificate of Non-Order by Edward M. Flaherty, II, Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian for proceedings held on n/a Judge Judge Richard G. Stearns.. (Wasser, Brian) |
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| Thursday, April 20, 2017 | ||
| 46 | 46
appeal
USCA Case Number
Thu 04/20 7:26 AM
USCA Case Number 17-1395 for44 Notice of Appeal filed by Bruce Junior, Edward M. Flaherty, II, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian. (Paine, Matthew) |
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| Wednesday, April 19, 2017 | ||
| 45 | 45
appeal
Abbreviated Electronic Appeal Record Sent to USCA
Wed 04/19 3:17 PM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re44 Notice of Appeal. (Paine, Matthew) |
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| 44 | 44
appeal
Notice of Appeal
Wed 04/19 1:35 PM
NOTICE OF APPEAL as to 16 Order on Motion to Remand to State Court,,,,,,,,,,,,,,,, Order on Motion to Stay,,,,,,,,,,,,,,, 41 Order on Motion for Reconsideration, 34 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 42 Order on Motion for Reconsideration,,,,,,35 Order Dismissing Case by Edward M. Flaherty, II, Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian Filing fee: $ 505, receipt number 0101-6588680 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at[LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/9/2017. (Wasser, Brian) |
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| Monday, April 10, 2017 | ||
| 43 | 43
order
Order on Motion for Lis Pendens
Mon 04/10 11:58 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying40 Motion for Lis Pendens. As previously noted, "[h]aving dismissed the Complaint, there are no pending claims that would trigger the issuance of a memorandum of lis pendens." Dkt. # 37. (RGS, int2) |
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| 42 | 42
order
Order on Motion for Reconsideration
Mon 04/10 11:54 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying39 Motion for Reconsideration. Plaintiffs' motion does not raise any substantive arguments that this court did not previously consider. The court notes, however, the plaintiffs significantly misstate the law in several instances. While acknowledging that the viability of Complaint hinges on questions of law, plaintiffs assert that "[a] motion to dismiss under Rule 12(b)(6) is not the appropriate device for answering questions of law," Mot. at 3. This turns the rule on its head. "A 'primary purpose' of a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) 'is to weed out cases that do not warrant reaching the (oftentimes) laborious and expensive discovery process because, based on the factual scenario on which the case rests, the plaintiff could never win.'" Pereyra v. Sedky , 148 F. Supp. 3d 134, 141 (D. Mass. 2015) (citing Foley v. Wells Fargo Bank, N.A. , 772 F.3d 63, 72 (1st Cir. 2014)). Plaintiffs also cite the case of Premier Capital, LLC v. KMZ, Inc. , 464 Mass. 467 (2013) for the proposition that "the expiration of the statute of limitations on a promissory note secured by a mortgage renders the mortgage a nullity and any resulting foreclosure void." Mot. at 7. The SJC held in Premier Capital that the statute of limitations is applicable to sealed and unsealed promissory notes alike, id. at 470-473, but did not address at all whether and how the statute of limitations on promissory notes affected a mortgagee's ability to exercise the rights associated with holding legal title in the mortgaged property. (RGS, int2) |
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| 41 | 41
order
Order on Motion for Reconsideration
Mon 04/10 10:16 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying38 Motion for Reconsideration. As the court previously noted, see dkt. # 16, the factual allegations of the Complaint do not support the inference that the conduct of the Massachusetts law firm defendants form a "substantial basis" for the plaintiffs' claims, nor are the law firms the "primarily defendants." (RGS, int2) |
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| Friday, April 07, 2017 | ||
| 40 | 40
motion
Lis Pendens
Fri 04/07 4:00 PM
Emergency MOTION for Lis Pendens by Edward M. Flaherty, II, Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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Att: 1
Affidavit Verification by Junior, B.,
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Att: 2
Affidavit Verification by Keuchkarian, K.,
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Att: 3
Exhibit EX1- Notice of Sale Date April 11, 2017 Keuch,
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Att: 4
Exhibit EX2- Notice of Sale Date April 11, 2017 Junior,
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Att: 5
Text of Proposed Order Memorandum of Lis Pendens JUNIOR,
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Att: 6
Text of Proposed Order Memorandum of Lis Pendens KEUCHKARIAN
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| 39 | 39
motion
Reconsideration
Fri 04/07 3:47 PM
MOTION for Reconsideration re 34 Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, by Edward M. Flaherty, II, Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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| 38 | 38
motion
Reconsideration
Fri 04/07 3:37 PM
MOTION for Reconsideration re 16 Order on Motion to Remand to State Court,,,,,,,,,,,,,,,, Order on Motion to Stay,,,,,,,,,,,,,,, by Edward M. Flaherty, II, Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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Att: 1
Exhibit EX A - 2016 Land Court Servicemember Filings by Korde and Harmon,
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Att: 2
Exhibit EX B - Notices of Sale by Korde and Harmon,
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Att: 3
Exhibit EX C - Harmon to Keuch - Acceleration July 1 2016,
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Att: 4
Exhibit EX D - Search Results for class actions
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| Tuesday, April 04, 2017 | ||
| 37 | 37
order
Order on Motion for Lis Pendens
Tue 04/04 10:26 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying36 Motion for Lis Pendens. The court entered the initial TRO for the express purpose of preserving the status quo while deciding whether plaintiffs' claims may go forward. Having dismissed the Complaint, there are no pending claims that would trigger the issuance of a memorandum of lis pendens. In any case, "[i]n view of the serious consequences that may arise from the recording of a memorandum of lis pendens, strict compliance with the statutory prerequisites is required." DeCroteau v. DeCroteau , 90 Mass. App. Ct. 903, 906 (2016). One of the requirements of Mass. Gen. Laws ch. 184, s. 15, inter alia , is that the verified complaint must contain a certification that "that no material facts have been omitted therefrom." While the Complaint attaches verifications from Bruce Junior and Kazar Keuchkarian as to the veracity of the facts contained therein, it does not have the statutorily required "all material facts" certification and the request for lis pendens will be denied. See DeCroteau , 90 Mass. at 906 (affirming denial of lis pendens on this ground). (RGS, int2) |
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| Monday, April 03, 2017 | ||
| 36 | 36
motion
Lis Pendens
Mon 04/03 1:49 PM
Emergency MOTION for Lis Pendens by Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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Att: 1
Exhibit EX1 - Notice of Sale Date April 11, 2017,
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Att: 2
Exhibit EX2 - Notice of Sale Date April 11, 2017,
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Att: 3
Text of Proposed Order Memorandum of Lis Pendens KEUCHKARIAN,
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Att: 4
Text of Proposed Order Memorandum of Lis Pendens JUNIOR
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| Thursday, March 30, 2017 | ||
| 35 | 35
order
Order Dismissing Case
Thu 03/30 2:12 PM
Judge Richard G. Stearns: ORDER DISMISSING CASE, ENTERED.(Flaherty, Elaine) |
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| 34 | 34
order
Order on Motion to Dismiss for Failure to State a Claim
Thu 03/30 1:57 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting22 Motion to Dismiss for Failure to State a Claim; granting24 Motion to Dismiss; granting26 Motion to Dismiss. Plaintiffs' purported class action Complaint is premised on the theory that because the due dates on the notes underlying their three respective mortgages were accelerated after their default, and more than six years have passed since the accelerated due dates, the mortgages have expired and defendant banks, mortgage servicers, and law firms cannot now foreclose them. Plaintiffs rely on two Massachusetts statutes - the Obsolete Mortgage Statute, Mass. Gen. Laws ch. 260, § 33, and the Negotiable Instruments Statute of Limitation, Mass. Gen. Laws ch. 106, § 3-118. The Obsolete Mortgage Statute provides that [a] power of sale in any mortgage of real estate shall not be exercised and an entry shall not be made nor possession taken nor proceeding begun for foreclosure of any such mortgage after the expiration of, in the case of a mortgage in which no term of the mortgage is stated, 35 years from the recording of the mortgage or, in the case of a mortgage in which the term or maturity date of the mortgage is stated, 5 years from the expiration of the term or from the maturity date, unless an extension of the mortgage, or an acknowledgment or affidavit that the mortgage is not satisfied, is recorded before the expiration of such period. Plaintiffs acknowledge that the maturity dates stated in their mortgages are coextensive with the original terms of the notes, see Compl. 34, 46, 61, but argue that the acceleration of the note also moved up the maturity dates of the mortgages. This agreement has been squarely rejected by three other judges of this court. The statute on its face also does not support the [plaintiffs] position, as it makes no mention of shortening the period due to acceleration of the note. See Mass. Gen. L. c. 260, § 33. Although the statute discusses the use of extensions to lengthen the mortgage period, it provides no guidance as to decreasing the enforceable time period or as to the time period being effected by acceleration of the note. See id. In addition, policy reasons militate against [plaintiffs'] reading of the statute. While the "over-all scheme [of the statute is] to streamline conveyancing and provide remedies to clear title blemished by mortgages," Deutsche Bank [ Nat'l Trust Co. v. Fitchburg Capital, LLC ], 471 Mass. [248,] 256 [(2015)], this purpose is not fulfilled by changing the enforceable period of the mortgage as a result of acceleration on the note. The maturity date on the face of the mortgage [] provides notice as to when the obsolete mortgage statute would kick in. Hayden v. Hsbc Bank USA, N.A. , No. CV 16-11492 DJC, 2016 WL 5746357, at *3 (D. Mass. Sept. 30, 2016); see also Perreira v. Bank of N.Y. Mellon , No. 16-11467 LTS, 2016 WL 6963032, at *3 (D. Mass. Nov. 28, 2016); Harry v. Countrywide Home Loans Inc. , No. CV 16-10765 NMG, 2016 WL 6133819, at *3 (D. Mass. Oct. 18, 2016). Under the Negotiable Instruments Statute of Limitations, "an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date." Plaintiffs contend that since more than six years have passed from the accelerated due dates on the notes, the debts cannot now be collected and the mortgages, absent a corresponding note, also cannot be enforced. "Under Massachusetts law, the note and the mortgage are separate legal instruments and, under common law, they can travel separately." Galvin v. U.S. Bank, N.A. , 2017 WL 1164372, at *4 (1st Cir. Mar. 29, 2017). While the underlying notes can "serve as financial instruments generating a potential income stream for investors, [] the mortgages securing these notes are still legal title to someone's home or farm and must be treated as such." U.S. Bank Nat. Ass'n v. Ibanez , 458 Mass. 637, 649 (2011). Until and unless a note is discharged, the mortgagee holds legal title to the mortgaged property. See id. While the Statute of Limitations may bar the collection of a note more than six years overdue, it has no effect on the in rem rights in the title to the property. Thus, while the mortgagee may not be able to bring an action for a deficiency under the note, it may still foreclose the mortgage. Because the court has decided that plaintiffs have failed to state claims upon which relief may be granted, Fed. R. Civ. P. 12(b)(6), it is unnecessary for the court to reach the standing issues raised by defendants, or the basis for plaintiffs' request for a preliminary injunction under paragraph 22 of the standard form mortgage. The Clerk will enter the dismissal and close the case. (RGS, int2) |
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| Tuesday, March 28, 2017 | ||
| 33 | 33
respm
Opposition to Motion
Tue 03/28 1:00 PM
Opposition re22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,26 MOTION to Dismiss ,24 MOTION to Dismiss filed by Edward M. Flaherty, II, Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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Att: 1
Exhibit EX1 - Assignment of Beneficial Interest to B. Junior,
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Att: 2
Exhibit EX 2 - Notice of Default / Right to Cure 5-6-15
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| 32 | 32
misc
Corporate Disclosure Statement
Tue 03/28 12:46 PM
CORPORATE DISCLOSURE STATEMENT by U.S. Bank National Association as Trustee of Structured Asset Investment Loan Trust 2006-4. (Fialkow, David) |
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| 31 | 31
misc
Corporate Disclosure Statement
Tue 03/28 12:44 PM
CORPORATE DISCLOSURE STATEMENT by Wells Fargo Home Mortgage, Inc. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Home Mortgage, Inc... (Fialkow, David) |
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| 30 | 30
misc
Corporate Disclosure Statement
Tue 03/28 12:42 PM
CORPORATE DISCLOSURE STATEMENT by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A... (Fialkow, David) |
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| Monday, March 27, 2017 | ||
| 29 | 29
misc
State Court Record - no answer filed in state court
Mon 03/27 6:37 AM
STATE COURT Record. (McNicholas, John) |
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| Friday, March 24, 2017 | ||
| 28 | 28
notice
Notice of Appearance
Fri 03/24 4:34 PM
NOTICE of Appearance by Jeffrey S. Patterson on behalf of U.S. Bank National Association as Trustee of Structured Asset Investment Loan Trust 2006-4, Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, Inc. (Patterson, Jeffrey) |
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| 27 | 27
respm
Memorandum in Support of Motion
Fri 03/24 3:35 PM
MEMORANDUM in Support re26 MOTION to Dismiss filed by Korde & Associates, P.C., Ocwen Loan Servicing, LLC, The Bank of New York Mellon f/k/a The Bank of New York as successor to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certifi.(McNicholas, John) |
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Att: 1
Exhibit 1 - Junior Assignments,
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Att: 2
Exhibit 2 - Order of Notice,
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Att: 3
Exhibit 3 - Petition and Order,
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Att: 4
Exhibit 4 - Probate Court Docket,
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Att: 5
Exhibit 5 - Orders of Notice,
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Att: 6
Exhibit 6 - Deficiency Notices,
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Att: 7
Exhibit 7 - Billing Statement and Delinquency Notice,
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Att: 8
Exhibit 8 - Foster Assignment,
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Att: 9
Exhibit 9 - Inventory,
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Att: 10
Errata 10 - Grantee Index,
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Att: 11
Exhibit 11 - Liberty Bell Products Index,
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Att: 12
Exhibit 12 - Junior Mortgage,
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Att: 13
Exhibit 13 - Foster Mortgage
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| 26 | 26
motion
Dismiss
Fri 03/24 3:31 PM
MOTION to Dismiss by Korde & Associates, P.C., Ocwen Loan Servicing, LLC, The Bank of New York Mellon f/k/a The Bank of New York as successor to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certifi.(McNicholas, John) |
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| 25 | 25
respm
Memorandum in Support of Motion
Fri 03/24 2:40 PM
MEMORANDUM in Support re24 MOTION to Dismiss filed by Harmon Law Offices, P.C..(Mendillo, Robert) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 24 | 24
motion
Dismiss
Fri 03/24 2:38 PM
MOTION to Dismiss by Harmon Law Offices, P.C..(Mendillo, Robert) |
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| 23 | 23
respm
Memorandum in Support of Motion
Fri 03/24 2:24 PM
MEMORANDUM in Support re22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND OPPOSITION TO PLAINTIFFS' EMERGENCY MOTION FOR PRELIMINARY INJUNCTION filed by U.S. Bank National Association as Trustee of Structured Asset Investment Loan Trust 2006-4, Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, Inc..(Fialkow, David) |
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Att: 1
Exhibit 1 - Note,
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Att: 2
Exhibit 2 - Servicemembers' Action Notice,
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Att: 3
Exhibit 3 - July 1, 2016 Letter,
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Att: 4
Exhibit 4 - February 17, 2017 Letter,
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Att: 5
Exhibit 5 - Bankruptcy Schedules,
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Att: 6
Exhibit 6 - Bankruptcy Discharge Order
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| 22 | 22
motion
Dismiss for Failure to State a Claim
Fri 03/24 2:10 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by U.S. Bank National Association as Trustee of Structured Asset Investment Loan Trust 2006-4, Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, Inc..(Fialkow, David) |
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| 21 | 21
order
Order on Motion for Lis Pendens
Fri 03/24 2:06 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying18 Motion for Lis Pendens without prejudice. Under Mass. Gen. Laws ch. 184, s 15, the court may decline to endorse a memorandum of lis pendens "if the court does order the temporary equitable relief as will preserve the status quo pending further proceedings." The court's TRO and accompanying accelerated briefing schedule is intended to accomplish exactly that, and the court will postpone endorsing any memorandum of lis pendens until the court determines whether plaintiffs' claims will proceed. At such a time, plaintiffs may renew their requests for memoranda of lis pendens. (RGS, int2) |
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| 20 | 20
notice
Notice of Appearance
Fri 03/24 2:02 PM
NOTICE of Appearance by Edward James Mikolinski on behalf of U.S. Bank National Association as Trustee of Structured Asset Investment Loan Trust 2006-4, Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, Inc. (Mikolinski, Edward) |
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| 19 | 19
order
Order on Motion for Contempt
Fri 03/24 1:53 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying17 Motion for Contempt. Plaintiffs misunderstand the limited nature of the court's 14-day TRO. The foreclosure sales, now noticed for April 11, 2017, is after the expiration of the court's injunction on April 3, 2017. (RGS, int2) |
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| 18 | 18
motion
Lis Pendens
Fri 03/24 1:41 PM
Emergency MOTION for Lis Pendens by Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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Att: 1
Text of Proposed Order Memorandum of Lis Pendens JUNIOR,
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Att: 2
Text of Proposed Order Memorandum of Lis Pendens KEUCHKARIAN
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| 17 | 17
motion
Contempt
Fri 03/24 1:38 PM
MOTION for Contempt against Harmon Law Offices, P.C. by Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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Att: 1
Exhibit Ex.A Harmon Notices of Sale,
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Att: 2
Exhibit Ex.B Public Website Notice of Sale
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| Thursday, March 23, 2017 | ||
| 16 | 16
order
Order on Motion to Remand to State Court Order on Motion to Stay
Thu 03/23 2:06 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying12 Motion to Remand to State Court; denying15 Motion to Stay as moot. Plaintiffs Bruce Junior and the estate of George Junior, Kazar and Lisa Keuchkarian, and Edward Flaherty II, bring this putative class action on behalf of themselves and all others similarly situated Massachusetts residents. Plaintiffs allege that defendant banks (Wells Fargo, The Bank of New York Mellon, and U.S. Bank); mortgage loan and servicing companies (Ocwen Loan Servicing and Wells Fargo Home Mortgage, Inc.); and law firms (Korde & Associates and Harmon Law Offices) attempted to foreclose on mortgaged real property and collect on the associated notes more than five and six years after the expiration of the mortgages, in violation of Mass. Gen. Laws ch. 260, § 33 and Mass. Gen. Laws ch. 106, § 3-118. All of the plaintiffs are Massachusetts residents, and each of the non-law-firm defendants has its principal place of business in a foreign state. Defendants removed the case from Middlesex Superior Court pursuant to 28 U.S.C. § 1332(d)(2)(A), which provides that the district court shall have original jurisdiction over any civil class action where "any member of a class of plaintiffs is a citizen of a State different from any defendant." (Defendants also argue that the Korde and Harmon firms were fraudulently joined to defeat diversity jurisdiction.) Plaintiffs move to remand to state court pursuant to 28 U.S.C. § 1332(d)(4). Section 1332(d)(4)(A) provides that a district court shall decline jurisdiction over a class action if: (I) greater than two-thirds of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed; (II) at least 1 defendant is a defendant (aa) from whom significant relief is sought by members of the plaintiff class;(bb) whose alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class; and(cc) who is a citizen of the State in which the action was originally filed; and (III) principal injuries resulting from the alleged conduct or any related conduct of each defendant were incurred in the State in which the action was originally filed. Plaintiffs contend that they satisfy prong II of this test because they seek "'significant relief' from both Korde and Harmon for their central role as joint tortfeasors and co-conspirators" in the allegedly illegal debt-collection and foreclosure practices. Mem. at 5. The Complaint, however, does not support the inference that the alleged conduct of the law firms "form[] a significant basis for the claims asserted by the proposed plaintiff class." The sole factual allegations with respect to the Korde and Harmon firms is that they sent debt collection letters to the plaintiffs. See Compl. 41, 56, 69. Although the Complaint alleges that these letters were sent on behalf of the law firms themselves as well as the banks and loan servicing companies, there are no allegations that the law firms have any ownership interest in either the mortgages or the associated notes. To the extent that the law firms acted as agents for the other defendants, plaintiffs may seek recovery from the principals pursuant to the well-established principle of respondeat superior . (Plaintiffs also appear to acknowledge that the Korde and Harmon firms owed no duty to them. See Compl. 87.) Because the Korde and Harmon firms cannot be characterized as the primary defendants in the Complaint, plaintiffs' alternative basis for remand under 28 U.S.C. § 1332(d)(4)(B) also fails. (RGS, int2) |
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| Wednesday, March 22, 2017 | ||
| 15 | 15
motion
Stay
Wed 03/22 3:46 PM
Emergency MOTION to Stay re 11 Order on Motion for TRO,,, by Edward M. Flaherty, II, Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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| 14 | 14
notice
Notice of Appearance
Wed 03/22 2:04 PM
NOTICE of Appearance by James P. Ponsetto on behalf of Korde & Associates, P.C., Ocwen Loan Servicing, LLC, The Bank of New York Mellon f/k/a The Bank of New York as successor to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certifi (Ponsetto, James) |
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| 13 | 13
notice
Notice of Appearance
Wed 03/22 11:13 AM
NOTICE of Appearance by David E. Fialkow on behalf of U.S. Bank National Association as Trustee of Structured Asset Investment Loan Trust 2006-4, Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, Inc. (Fialkow, David) |
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| Tuesday, March 21, 2017 | ||
| 12 | 12
motion
Remand to State Court
Tue 03/21 3:57 PM
MOTION to Remand to State Court by Edward M. Flaherty, II, Bruce Junior, George R. Junior, Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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Att: 1
Exhibit EX A - 2016 Land Court Servicemember Filings by Korde and Harmon,
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Att: 2
Exhibit EX B - Notices of Sale by Korde and Harmon,
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Att: 3
Exhibit EX C - Harmon to Keuch - Acceleration July 1 2016,
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Att: 4
Exhibit EX D - Search Results for class actions
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| Monday, March 20, 2017 | ||
| 11 | 11
order
Order on Motion for TRO
Mon 03/20 10:18 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting5 in part Motion for TRO to temporarily restrain the foreclosure sale on 8 Somerville St., Marshfield, MA (scheduled for 11am on March 20, 2017) and 587 Quaker Rd., N. Falmouth, MA (scheduled for 4pm on March 21, 2017). Plaintiffs argue that because paragraph 22 of the standard mortgage form entitles them to "the right to bring a court action to assert the non-existence of a default or any other defense" to a foreclosure, defendants cannot proceed with a sale until such a time the court has evaluated the plaintiffs' defenses. The court will enjoin these foreclosure sales for 14 days, or until April 3, 2017. Defendants are to file a motion to dismiss the Complaint and to challenge plaintiffs' interpretation of paragraph 22, no later than March 24, 2017. Plaintiffs will respond no later than March 28, 2017. (RGS, int2) |
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| 10 | 10
notice
Notice of Appearance
Mon 03/20 10:12 AM
NOTICE of Appearance by Christine A. Murphy on behalf of Harmon Law Offices, P.C. (Murphy, Christine) |
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| 9 | 9
notice
Notice of Appearance
Mon 03/20 10:10 AM
NOTICE of Appearance by Robert M. Mendillo on behalf of Harmon Law Offices, P.C. (Mendillo, Robert) |
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| 8 | 8
misc
Corporate Disclosure Statement
Mon 03/20 9:45 AM
CORPORATE DISCLOSURE STATEMENT by The Bank of New York Mellon f/k/a The Bank of New York as successor to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certifi identifying Corporate Parent The Bank of New York Mellon Corporation for The Bank of New York Mellon f/k/a The Bank of New York as successor to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certifi.. (McNicholas, John) |
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| 7 | 7
notice
Certified Copy of Notice of Removal Provided to Defense Counsel
Mon 03/20 9:44 AM
Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Caruso, Stephanie) |
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| 6 | 6
notice
Notice of Case Assignment
Mon 03/20 9:19 AM
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Caruso, Stephanie) |
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| Sunday, March 19, 2017 | ||
| 5 | 5
motion
Temporary Restraining Order
Sun 03/19 9:50 PM
Emergency MOTION for Temporary Restraining Order by Bruce Junior, Kazar Keuchkarian, Lisa C Keuchkarian.(Wasser, Brian) |
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Att: 1
Exhibit A Mortgage Juniors,
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Att: 2
Exhibit B Mortgage Keuchkarians,
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Att: 3
Exhibit C Notice of Sale Junior,
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Att: 4
Exhibit D Notice of Sale Keuchkarian
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| 4 | 4
misc
Statement of counsel
Sun 03/19 6:12 PM
STATEMENT OF COUNSEL re1 Notice of Removal,,, Consent of Defendant Harmon Law Offices, P.C. to Removal by Korde & Associates, P.C., Ocwen Loan Servicing, LLC, The Bank of New York Mellon f/k/a The Bank of New York as successor to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certifi. (McNicholas, John) |
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| 3 | 3
misc
Corporate Disclosure Statement
Sun 03/19 6:07 PM
CORPORATE DISCLOSURE STATEMENT by Korde & Associates, P.C.. (McNicholas, John) |
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| 2 | 2
misc
Corporate Disclosure Statement
Sun 03/19 6:06 PM
CORPORATE DISCLOSURE STATEMENT by Ocwen Loan Servicing, LLC identifying Corporate Parent Ocwen Financial Corporation, Inc. for Ocwen Loan Servicing, LLC.. (McNicholas, John) |
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| 1 | 1
notice
Notice of Removal
Sun 03/19 5:51 PM
NOTICE OF REMOVAL by Korde & Associates, P.C., Ocwen Loan Servicing, LLC, The Bank of New York Mellon f/k/a The Bank of New York as successor to JP Morgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR5, Mortgage Pass-Through Certifi ( Filing fee: $ 400, receipt number 0101-6540153 Fee Status: Filing Fee paid)(McNicholas, John) |
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Att: 1
Civil Cover Sheet,
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Att: 2
JS45 Category Form,
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Att: 3
Exhibit A - State Court Complaint,
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Att: 4
Exhibit B - Mortgage,
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Att: 5
Exhibit C - AOM,
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Att: 6
Exhibit D - AOM,
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Att: 7
Exhibit E - Assessor's Card,
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Att: 8
Exhibit F - Mortgage,
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Att: 9
Exhibit G - AOM,
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Att: 10
Exhibit H - AOM,
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Att: 11
Exhibit I - Assessor's Card,
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Att: 12
Exhibit J - Mortgage,
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Att: 13
Exhibit K - Option One name change to Sand Canyon,
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Att: 14
Exhibit L - AOM,
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Att: 15
Exhibit M - Assessor's Card,
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Att: 16
Exhibit N - State Court Removal Package,
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Att: 17
Exhibit O - State Court Civil Cover Sheet
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