Walsh v. Caliber Home Loans et al
| Stephen J. Walsh |
| Caliber Home Loans, U.S. Bank Trust, National Association and Fay Servicing, LLC |
| 1:2022cv10092 |
| January 24, 2022 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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| Filing 16 NOTICE of Voluntary Dismissal by Stephen J. Walsh (Cabana, Robert) |
| Filing 15 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #13 Joint MOTION for Extension of Time to File Response/Reply with Certificate of Service. Response due by 3/17/2022. (RGS, law2) |
| Filing 14 NOTICE of Appearance by Melissa Bruynell Manesse on behalf of Caliber Home Loans (Manesse, Melissa) |
| Filing 13 Joint MOTION for Extension of Time to File Response/Reply with Certificate of Service by Caliber Home Loans.(O'Neill, Thomas) |
| Filing 12 NOTICE of Appearance by Thomas J. O'Neill on behalf of Caliber Home Loans (O'Neill, Thomas) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #8 Motion for Preliminary Injunction. Before the court is plaintiff Stephen Walsh's motion for a preliminary injunction to, among other things, prevent the foreclosure on his property at 116 Outlook Road in Marshfield. In determining whether to grant a preliminary injunction, the court must weigh: "(1) the likelihood of the movant's success on the merits; (2) the potential for irreparable harm to the movant; (3) a balancing of the relevant equities... ; and (4) the effect on the public interest of a grant or denial of the injunction." Gately v. Commonwealth of Mass., 2 F.3d 1221, 1224 (1st Cir. 1993). That said, the "sine qua non of [the preliminary injunction standard] is whether the plaintiff[ is] likely to succeed on the merits." Weaver v. Henderson, 984 F.2d 11, 12 (1st Cir. 1993).After careful review of Walsh's motion and defendants' opposition, the court concludes that Walsh is unlikely to succeed on the merits. As defendants correctly point out in their opposition, Walsh's claims "are either barred by the statute of limitations or contradicted by well-settled principles of law," Dkt # 10 at 6 -- for example, Walsh's assertion that defendants should have produced the original mortgage note to demonstrate their standing to "justify collection," see Dkt # 8 at 12, is squarely at odds with established precedent. See, e.g., Eaton v. Fed. Nat'l Mortg. Ass'n, 462 Mass. 569, 586 (2012) (foreclosing mortgagee need not "have physical possession of the mortgage note in order to effect a valid foreclosure"). Put simply, Walsh has not provided any well-pleaded facts to support the prevention of the foreclosure. Because Walsh "cannot demonstrate that he is likely to succeed in his quest, the remaining factors become matters of idle curiosity." New Comm Wireless Servs., Inc. v. SprintCom, Inc., 287 F.3d 1, 9 (1st Cir. 2002). Accordingly, Walsh's motion for a preliminary injunction is DENIED.(RGS, law2) |
| Filing 10 Opposition re #8 First MOTION for Preliminary Injunction WITH CERTIFICATE OF SERVICE filed by Fay Servicing, LLC, U.S. Bank Trust, National Association. (Attachments: #1 Exhibit A though J)(Linehan, Brian) |
| Filing 9 STATE COURT Record. (Linehan, Brian) |
| Filing 8 First MOTION for Preliminary Injunction WITH CERTIFICATE OF SERVICE by Stephen J. Walsh.(Cabana, Robert) |
| Filing 7 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Before defendants removed this case from the Plymouth Superior Court, plaintiff Stephen Walsh had requested a preliminary injunction to enjoin the foreclosure of property located at 116 Outlook Drive, Marshfield, MA. The foreclosure is currently scheduled for February 3, 2022. The court asks defendant to delay/move the current foreclosure date. If Walsh expects to go forward with a preliminary injunction request, it must be filed on the docket in this case no later than February 2, 2022.(Zierk, Marsha) |
| Filing 6 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Perez, Isabella) |
| Filing 5 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. (Case was randomly assigned due to 16cv11580-GAO has been closed for over 2 years - 8/10/2016). (Finn, Mary) |
| Filing 4 NOTICE by Caliber Home Loans, Fay Servicing, LLC, U.S. Bank Trust, National Association of Motions Pending in the State Court (Linehan, Brian) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Caliber Home Loans, Fay Servicing, LLC, U.S. Bank Trust, National Association. (Linehan, Brian) |
| Filing 2 NOTICE of Appearance by Brian Linehan on behalf of Caliber Home Loans, Fay Servicing, LLC, U.S. Bank Trust, National Association (Linehan, Brian) |
| Filing 1 NOTICE OF REMOVAL by Caliber Home Loans, Fay Servicing, LLC, U.S. Bank Trust, National Association ( Filing fee: $ 402, receipt number AMADC-9150768 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit A - Documents Filed in State Court)(Linehan, Brian) |
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