Hayden v. US Bank Trust National Association, et al
| Mark J. Hayden |
| US Bank Trust National Association but Solely as Owner Trustee VRMTG Asset Trust and Current Holder of Loan and Shellpoint Mortgage Servicing, Shellpoint Mortgage Servicing and US Bank Trust National Association |
| 1:2024cv10125 |
| January 16, 2024 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
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| Filing 13 Copy re #12 Order Dismissing Case, 11 Order on Motion to Dismiss, mailed to plaintiff on 2/21/2024. (Pacho, Arnold) |
| Filing 12 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 11 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 Motion to Dismiss. Plaintiff Mark Hayden filed this action against defendants U.S. Bank Trust National Association but solely as Owner Trustee VRMTG Asset Trust and Current Holder of Loan (U.S. Bank as Trustee) and Newrez LLC d/b/a Shellpoint Mortgage Servicing (Shellpoint) in response to a notice of foreclosure scheduled for December 12, 2023, on his property located at 15 Park Road, Brockton, Massachusetts. In his Complaint, Hayden claims defendants failed to send him the notice of assignments of his mortgage prior to their Notice of Foreclosure Sale and materially misrepresented their right to foreclose, falsely representing U.S. Bank as Trustee as the legal lienholder and failing to provide him with the original mortgage and note. Defendants move to dismiss asserting that Hayden's Complaint fails to plead any plausible claims (Hayden has failed to file any opposition to the motion). As the court agrees, the motion is ALLOWED.Hayden and Renee M. Chase obtained a mortgage on May 14, 2007, from Mortgage Electronic Registration Systems, Inc. (MERS) secured by their residence. The mortgage was recorded in the Plymouth County Registry of Deeds in Book 34540, Page 141. Id. On April 3, 2017, MERS recorded its assignment to Ocwen Loan Servicing, LLC in the registry in book 48271, page 97. (Dkt #9-2 EX. 2). On January 22, 2019, Ocwen Loan Servicing, LLC recorded its assignment to Select Portfolio Servicing, Inc. in the registry in book 50762, page 268. (Dkt #9-3, EX. 3). On April 13, 2022, Select Portfolio Servicing, Inc. recorded its assignment to U.S. Bank as Trustee in the registry in book 56679, page 97. (Dkt #9-4, EX. 4). U.S. Bank as Trustee is the current assignee and beneficiary of the mortgage. On November 15, 2022, Shellpoint on behalf of U.S. Bank as Trustee recorded an Affidavit Regarding Note Secured by Mortgage to be Foreclosed in the registry as book 57420, page 63, (Dkt #9-5, Ex. 5). On October 17, 2023, Shellpoint, through its foreclosure counsel, sent Hayden a notice of foreclosure set for December 14, 2023. (Dkt #9-6, Ex. 6).Dismissal is appropriate only when the pleadings, viewed in the light most favorable to the non-movant, fail to support a "plausible entitlement to relief." Villeneuve v. Avon Prods., Inc., 919 F.3d 40, 49 (1st Cir. 2019). "The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotations omitted). The exhibits attached to defendants motion demonstrate their compliance with Massachusetts law. Massachusetts General Law ch. 244 s. 14 requires: "(i) at the time such notice [of sale] is mailed, an assignment, or a chain of assignments, evidencing the assignment of the mortgage to the foreclosing mortgagee has been duly recorded in the registry of deeds for the county or district where the land lies and (ii) the recording information for all recorded assignments is referenced in the notice of sale required in this section." See also Dyer v. Wells Fargo Bank, N.A., 956 F.3d 62 (1st Cir. 2020) (rejecting plaintiff's argument that a mortgagee needs to identify various intermediate transfers and requiring only compliance with section 14). Shellpoint's counsel mailed out the notice of sale which specifically references every assignment and its recording.Regarding its standing to foreclose, U.S. Bank as Trustee also satisfied the statutory requirements. It certified in a recorded affidavit it is "the holder of the promissory note in the amount of $244,800.00 secured by the [] mortgage." Ex. 6. It also was the last assignee of the mortgage, as reflected in the pertinent registry. See Mass. Gen Laws ch. 244, s 14; EXS. 14. See also Eaton v. Fed. Natl Mortgage Ass'n, 462 Mass. 569, 587-588 (2012).The motion to dismiss is ALLOWED. The Clerk will enter a dismissal and close the case. (Zierk, Marsha) |
| Filing 10 STATE COURT Record. (Dungan, Robert) |
| Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss filed by Shellpoint Mortgage Servicing, US Bank Trust National Association. (Attachments: #1 Exhibit Exhibits 1-6)(Dungan, Robert) |
| Filing 8 MOTION to Dismiss by Shellpoint Mortgage Servicing, US Bank Trust National Association.(Dungan, Robert) |
| Filing 7 Copy re 6 Order on Motion for Extension of Time mailed to plaintiff on 1/24/2024. (Pacho, Arnold) |
| Filing 6 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #4 Motion for Extension of Time until February 9, 2024, for U.S. Bank as Trustee and Shellpoint to respond to the Complaint. (Zierk, Marsha) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Shellpoint Mortgage Servicing, US Bank Trust National Association identifying Corporate Parent Shellpoint Partners LLC, Other Affiliate NRM Acquisition LLC, Other Affiliate NRM Acquisition II LLC, Other Affiliate New Residential Mortgage LLC, Other Affiliate New Residential Investment Corp., Other Affiliate Rithm Capital Corp. for Shellpoint Mortgage Servicing; Corporate Parent U.S. Bancorp for US Bank Trust National Association.. (Dungan, Robert) |
| Filing 4 MOTION for Extension of Time to February 9, 2024 to respond to the complaint by Shellpoint Mortgage Servicing, US Bank Trust National Association.(Dungan, Robert) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Kinsella, Jaylannie) |
| 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 Jennifer C. Boal. (Cowan, Nicole) |
| Filing 1 NOTICE OF REMOVAL by Shellpoint Mortgage Servicing, US Bank Trust National Association but Solely as Owner Trustee VRMTG Asset Trust and Current Holder of Loan and Shellpoint Mortgage Servicing ( Filing fee: $ 405, receipt number AMADC-10221396 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Category Form)(Dungan, Robert) |
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