Weilding et al v. Nationstar Mortgage LLC
| Michelle Weilding and Keith Weilding |
| Nationstar Mortgage LLC |
| 1:2023cv11425 |
| June 27, 2023 |
| US District Court for the District of Massachusetts |
| Angel Kelley |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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| Filing 10 Copy re [Dkt. # 9] Order mailed to Plaintiffs on 8/16/2023. (Pacho, Arnold) |
| Filing 9 District Judge Angel Kelley: ELECTRONIC ORDER entered. Plaintiffs Michelle Weilding and Keith Weilding bring forth this action seeking to enjoin Defendant Nationstar from foreclosing on their property. [Dkt. 1 at 1]. This action is related to a previous lawsuit brought by the Weildings against Nationstar for their attempted foreclosure on the same property. Weilding et al v. Nationstar Mortgage LLC, 1:22-cv-10646-AK; [Dkt. 8-19]. That action, which was based on Nationstars attempting foreclosure of the property before the bank had addressed the Weildings loan modification request, was dismissed after Defendants made their final determination denying the loan modification request. [Dkt. 8-14]. The Weildings in their renewed complaint argue that they did not receive adequate notice of the scheduled foreclosure auction. [Dkt. 2 at 2-4]. On June 20, 2023, the Middlesex Superior Court entered an Order postponing the pending foreclosure sale by 90 days. [Dkt. 1 at 2]. The court therein also required the Weildings to list the property for sale with a broker by July 11, 2023, to provide Defendants counsel with a signed purchase and sale agreement by September 18, 2023, and to ensure the closing take place within 45 days of the signing of that purchase and sale agreement. [Dkt. 2 at 6]. The court noted that if a purchase and sale agreement is not signed by September 18, 2023, the postponement is lifted and Defendant can proceed with the foreclosure. [Id.]. Shortly thereafter, on June 27, 2023, Defendant removed this action. [Dkt. 1]. On July 12, 2023, Defendant filed a motion to dismiss the Weildings complaint arguing that it was devoid of any factual support and is precluded by res judicata and collateral estoppel. [Dkt. 7].The Weildings had 14 days to respond to that motion. Local Rule 7.1(b)(2). Well over a month has passed since and the Weildings have not filed any opposition to that motion to dismiss. The Court shall therefore address Defendants motion to dismiss on the papers without a hearing. If the Weildings fail to comply with the injunction entered in by the Middlesex Superior Court and the dates identified therein, Nationstar may proceed with the foreclosure. The Court directs both parties to file a status report by the close of business on September 18, 2023. (Pacho, Arnold) |
| Filing 8 MEMORANDUM in Support re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nationstar Mortgage LLC. (Attachments: #1 Exhibit Deed, #2 Exhibit Note, #3 Exhibit Mortgage, #4 Exhibit AOM, #5 Exhibit AOM, #6 Exhibit AOM, #7 Exhibit 35A Notice, #8 Exhibit 35B Notice, #9 Exhibit Aug 2014 Notice, #10 Exhibit Acceleration Notice, #11 Exhibit Pre-sale Affd, #12 Exhibit Denial Letter, #13 Exhibit Complaint I, #14 Exhibit Order, #15 Exhibit Notice of Sale, #16 Exhibit Complaint II, #17 Exhibit Order, #18 Exhibit email, #19 Exhibit Docket)(Guaetta, Peter) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nationstar Mortgage LLC.(Guaetta, Peter) |
| Filing 6 STATE COURT Record All Defendants.. (Guaetta, Peter) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Currie, Haley) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 Judith G. Dein. (Danieli, Chris) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Nationstar Mortgage LLC (Currie, Haley) |
| Filing 2 EXHIBIT re #1 NOTICE OF REMOVAL Exhibits to Notice of Removal by Nationstar Mortgage LLC. (Guaetta, Peter) |
| Filing 1 NOTICE OF REMOVAL by Nationstar Mortgage LLC (Filing fee: $ 402, receipt number AMADC-9921400 (Fee Status: Filing Fee paid), (Attachments: #1 Category Form, #2 Civil Cover Sheet)(Guaetta, Peter) Modified on 6/27/2023 to adjust event used and docket text - removed Corporate Disclosure Statement removed from this entry and refiled at #3 (Currie, Haley). |
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