Lim v. BSI Financial Services et al
| Neang Peou Lim |
| Wilmington Savings Fund Society, FSB and BSI Financial Services |
| 1:2019cv10769 |
| April 19, 2019 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Real Property: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 12 Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (Pacho, Arnold) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 Motion to Dismiss for Failure to State a Claim. Plaintiff's Complaint challenges defendant mortgage servicer's right to foreclose on the property located 200 Trotting Park Road, Lowell, Massachusetts on two grounds: first, that the servicer executed and recorded an affidavit on behalf of the mortgagee without a proper power of attorney; and second, the notice to cure received by plaintiff was defective because it "inaccurately refers to Plaintiff's payments as due monthly when they are actually due bi-weekly." Compl. para. 21. Defendant's motion to dismiss points out that the power of attorney was in fact recorded three months prior to the affidavit. See Def's Exs. 3 & 4 (dkt # 9-3, 9-4); see also Alternative Energy, Inc. v. St. Paul Fire & Marine Ins. Co. , 267 F.3d 30, 33 (1st Cir. 2001) (court may consider public records on a motion to dismiss). Further, the mistatement of the payment period does not render a notice to cure defective. See Mass. Gen. Laws ch. 244, s 35A(c). The plaintiff having also failed to oppose the motion to dismiss, it is ALLOWED. The Clerk will enter an order of dismissal and close this case. (Tang, Danni) |
| Filing 10 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Certificate of Service by Aaron A. Fredericks on behalf of BSI Financial Services, Wilmington Savings Fund Society, FSB. (Fredericks, Aaron) |
| Filing 9 MEMORANDUM in Support re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BSI Financial Services, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service)(Fredericks, Aaron) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BSI Financial Services, Wilmington Savings Fund Society, FSB. (Attachments: #1 Certificate of Service)(Fredericks, Aaron) |
| Filing 7 CERTIFIED STATE COURT Record. (Pacho, Arnold) |
| Filing 6 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #5 Assented to MOTION for Extension of Time to May 17, 2019 to plead, move or otherwise respond to Complaint. (Pacho, Arnold) |
| Filing 5 Assented to MOTION for Extension of Time to May 17, 2019 to plead, move or otherwise respond to Complaint with Certificate of Service by BSI Financial Services, Wilmington Savings Fund Society, FSB.(Fredericks, Aaron) |
| Filing 4 NOTICE of Appearance by Richard C. Demerle on behalf of BSI Financial Services, Wilmington Savings Fund Society, FSB (Demerle, Richard) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Caruso, Stephanie) |
| Filing 2 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 Donald L. Cabell. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by BSI Financial Services, Wilmington Savings Fund Society, FSB d/b/a Christiana Trust not in its individual capacity but solely as Trustee for Brougham Fund II Trust ( Filing fee: $ 400, receipt number 0101-7644562 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Civil Category Form, #4 Certificate of Service)(Fredericks, Aaron) |
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