WEBSTER VENTURES, LLC vs. MCCORMICK, MISC 15-000324

The plaintiff, Webster Ventures, LLC (Webster Ventures) filed its complaint on August 20, 2015. The Answer of Town of Webster was filed on September 30, 2015. The Answer of Defendant, Mortgage Electronic Registration Systems, Inc. and PennyMac Services, LLC to Plaintiff's Complaint to Quiet title and PennyMac Loan Services, LLC's Motion to Intervene as Defendant were filed on October 5, 2015. The Answer of Defendants Sharon A. McCormick, Joseph J. Woodman, III, Barbara J. Woodman, Lee J. Parker, Stephen P. Magnuson, Mary A. Magnuson, Linda C. Chambless, Trustee of the Lakeview Road Irrevocable Trust, Cyrilla Sroka, and Faith D. Rubin was filed on October 6, 2015. Answer of Defendant Mortgage Electronic Registration Systems, Inc. to the Complaint to Quiet Title and Answer of Nationstar Mortgage, LLC were filed on October 6, 2015. A case management conference was also held on October 6, 2015, where the court allowed PennyMac Loan's Services, LLC's Motion to Intervene as Defendant. A further case management conference was held on November 3, 2015, at which the court allowed Plaintiff's Motion to Amend Complaint.

On November 12, 2015, Webster Ventures filed its Amended Complaint. The Amended Complaint names as defendants Herbert J. Dumore and Rose Dumore, Sharon A. McCormick, Gail C. Brochu, Linda Jeneski, Mohamed Jaber, Frederick W. Cronin, Annette T. Criasia, Suzanne J. Vallee, Joseph J. Woodman, III and Barbara J. Woodman, Lee J. Parker, Stephen P. Magnuson and Mary A. Magnuson, Linda C. Chambless, Trustee of the Lakeview Road Irrevocable Trust, Cyrilla Sroka, Faith D. Rubin, Henry E. Hopkins and Lori J. Hopkins, Chad R. Stawiecki, Trustee of the Robert Stawiecki Irrevocable Trust, Jeremy T. Stawiecki, Trustee of the Robert Stawiecki Irrevocable Trust, Ray A. Cull and Shelley Solomon Cull, Emanuel J. Leo and Linda J. Leo, J. Terence Sullivan and Nancy Sullivan, Mark H. Brooks and Linda A. Croteau-Brooks, Adam Stawiecki, Mortgage Electronic Registration Systems, Inc., Ally Bank Corporation f/k/a GMAC Bank, Bank of America, N.A., The Cadle Company, Assignee of Federal Deposit Insurance Corporation as receiver of Home National Bank of Milford, Commonwealth National Bank, Easthampton Savings Bank, Milford Federal Savings and Loan Association, Nationstar Mortgage LLC, People's Savings Bank, Portfolio Recovery Associates, LLC, Ross Mortgage Company, Inc., Santander Bank, N.A., Secretary, United States Department of Housing and Urban Development, Unibank for Savings, Union Capital Mortgage Business Trust, Washington Mutual Bank FA, Webster First Federal Credit Union, T.D. Bank NA, and Town of Webster.

The Answer to First Amended Complaint of Defendants Sharon A. McCormick, Joseph J. Woodman, III, Barbara J. Woodman, Lee J. Parker, Stephen P. Magnuson, Mary A. Magnuson, Linda C. Chambless, Cyrilla Sroka, and Faith D. Rubin was filed on November 18, 2015. Answer of Defendant Nationstar Mortgage, LLC to First Amended Complaint was filed on November 23, 2015. Mortgage Electronic Registration Systems, Inc.'s Answer to First Amended Complaint was filed on November 24, 2015. Wells Fargo Bank, N.A., as Trustee for WAMU Mortgage Pass-Through Certificates Series 2006-PR1 Trust filed their Answer to Plaintiff's First Amended Complaint on December 2, 2015. Answer of Party-In-Interest, Mortgage Electronic Registration Systems, Inc. and PennyMac Loan Services, LLC to the Plaintiff's First Amended Complaint to Quiet Title was filed on December 4, 2015. On December 9, 2015, a Statement of Undisputed Facts & Issues Concerning Possible Motions for Summary Judgment was filed. Defendant Washington Mutual Bank FA's Answers to Plaintiff Webster Ventures' Amended Complaint was filed on December 21, 2015. Answer of Party-In-Interest, Easthampton Savings Bank, to Plaintiff's First Amended Complaint to Quiet Title was filed on January 6, 2016.

A Stipulation for Judgment and Dismissal of Mortgage Electronic Registration Systems, Inc. was filed on January 25, 2016. On February 16, 2016, Request for Default pursuant to Mass. R. Civ. P. 55(a) on certain defendants was filed. On February 19, 2016, Defendants Herbert J. Dumore, Rose Dumore, Linda Jeneski, Jaber Mohamed, Frederick W. Cronin, Annette T. Criasia, Suzanne J. Vallee, Ray A. Cull, Shelley Solomon Cull, J. T. Sullivan, Nancy Sullivan, Mark H. Brooks, Linda A. Croteau-Brooks, Adam Stawiecki, Bank of America, N.A., The Cadle Company, Assignee of Federal Deposit Insurance Corporation as receiver of Home National Bank of Milford, Commonwealth National Bank, Milford Federal Savings and Loan Association, People's Savings Bank, Portfolio Recovery Associates, LLC, Ross Mortgage Company, Inc., Secretary, United States Department of Housing and Urban Development, Unibank for Savings, Webster First Federal Credit Union, and TD Bank, NA were defaulted pursuant to Mass. R. Civ. P. 55(a).

On March 9, 2016, Sharon McCormick, Joseph and Barbara Woodman, Stephen and Mary Magnuson, Linda Chambless, Cyrilla Sroka, and Faith Rubin (Lakeview Road Defendants) filed their Motion for Summary Judgment and Memorandum in Support of Defendant's Motion for Summary Judgment. On April 6, 2016, Webster Ventures filed Plaintiff's Opposition to Defendant's Motion for Summary Judgment. A Stipulation of Dismissal of Party-In-Interest, Mortgage Electronic Registration Systems, Inc. and PennyMac Loan Services, LLC was filed on April 14, 2016. On April 15, 2016, the Lakeview Road Defendants filed Defendant's Reply in Support of Motion for Summary Judgment. On April 19, 2016, a hearing on the Motion for Summary Judgment was held and the motion was taken under advisement. The court's Memorandum and Order on Defendant's Motion for Summary Judgment issued on December 16, 2016.

The Motion to Substitute Mortgagee Party-In-Interest was filed on February 23, 2017, and was allowed, substituting U.S. Bank National Association, as Indenture Trustee, for the CIM Trust 2016-FRE1, Mortgage-Backed Notes, Series 2016-FRE1, for Washington Mutual Bank FA, on March 2, 2017. The Motion of Sharon McCormick, Joseph and Barbara Woodman, Stephen and Mary Magnuson, Linda Chambless, Cyrilla Sroka, and Faith Rubin for Entry of Final Judgment was filed on April 11, 2018. The Plaintiff's Motion to Amend Complaint was filed on April 13, 2018. The Second Amended Complaint was filed and the Motion to Amend Complaint was allowed on April 18, 2018. The Consent to Plaintiff's Motion to Amend Complaint was filed on April 19, 2018. The Motion to Dismiss Second Amended Complaint was filed on May 9, 2018. The Stipulation of Dismissal as to Nominal Defendant U.S. Bank National Association, as Indenture Trustee was filed on May 23, 2018. The Lakeside Road Defendants' Opposition to Form of Judgment Proposed by Webster Ventures, LLC was filed on May 24, 2018. The Request for Default pursuant to Mass R. Civ. P. 55(a) on Defendant Intercontinental Capital Group, Inc., Maureen E. Duffy, Tracy Swenson, Dylan Brown, Bruce E. Finley, Laura Hanford, Craig Hanford, Robert A. Martell, Mackinac Savings Bank, Lonedepot.com LLC, Donald Farquhar, Paul Swenson was filed and the named defendants were defaulted pursuant to Mass. R. Civ. P. 55(a) on June 21, 2018. The Lakeview Road defendants' Opposition to Motion to Amend Complaint, or in the Alternative, Motion to Strike Second Amended Complaint; and Request for Sanctions was filed on July 18, 2018. The Stipulation of Dismissal as to Nominal Defendant Bank of America, N.A. was filed on October 11, 2018. The Plaintiff's Opposition to Defendants' Motion to Dismiss or Strike Second Amended Complaint was filed on October 15, 2018. The Lakeview Defendants' Consolidated Memorandum Opposing Motion to Amend Complaint, Supporting Motion to Strike Second Amended Complaint, Opposing Plaintiff's Proposed Form of Judgment and Requesting Sanctions and Affidavit of James C. Donnelly, Esquire were filed on October 18, 2018. On October 24, 2018 the Lakeview Road Defendants' Reply to Plaintiff's Opposition to Motion to Dismiss or Strike Second Amended Complaint was filed and the pending motions were taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Motion to Strike the Second Amended Complaint, denied the Request for Sanctions, and allowed in part and denied in part the Motion for Entry of Judgment.

In accordance with the Memorandum and Order issued today, the Plaintiff's Motion to Amend Complaint filed on April 13, 2018, and allowed on April 18, 2018, is treated as a motion to substitute parties and as of April 18, 2018, Maureen E. Duffy, Donald Farquar, Intercontinental Capital Group, Robert A. Martell, Cambridge Mortgage Group, Craig Hanford, Laura Hanford, Paul Swenson, Tracey Swenson, Mackinac Savings Bank FSB, Bruce Finley, USAA Federal Savings Bank, Dylan Brown, and Loandepot.com LLC were substituted for Herbert Dumore, Rose Dumore, Fredrick Cronin, Stephen P. Magnuson, Mary A. Magnuson, Ray A. Cull, Shelley Solomon Cull, Adam Stawiecki, Ally Bank Corporation f/k/a GMAC Bank, People's Savings Bank, Easthampton Savings Bank, Ross Mortgage Co., Inc., Santander Bank, N.A., Washington Mutual Bank, FA, and Portfolio Recovery Associates, LLC.

In accordance with the January 25, 2016, Stipulation for Judgment and Dismissal of Mortgage Electronic Registration Systems, Inc., the April 14, 2016, Stipulation of Dismissal of Party-In-Interest, Mortgage Electronic Registration Systems, Inc. and PennyMac Loan Services, LLC, the December 16, 2016, Memorandum and Order on Defendant's Motion for Summary Judgment, the May 23, 2018, Stipulation of Dismissal as to Nominal Defendant U.S. Bank National Association, as Indenture Trustee, the October 11, 2018, the Stipulation of Dismissal as to Nominal Defendant Bank of America, N.A., the Memorandum and Order issued today, and in light of the defendants' defaults entered on February 19, 2016, and June 21, 2018, it is

ORDERED and ADJUDGED that the claims against Mortgage Electronic Registration Systems, Inc., acting only in its capacity as mortgagee of 5 Browns Brook Road, Webster Massachusetts, are DISMISSED with prejudice. It is further

ORDERED and ADJUDGED that the claims against Mortgage Electronic Registration Systems, Inc., PennyMac Loan Services, LLC, Bank of America, N.A, and U.S. Bank National Association, as Indenture Trustee for the CIM Trust 2016-FRE1, Mortgage-Backed Notes, Series 2016-FRE1 are DISMISSED without prejudice. It is further

ORDERED, ADJUDGED, AND DECLARED that the portion of Lakeview Road as it runs along lots 24, 25, 26, 39, 40, 41, 42, and 43, as shown on a plan of land entitled Map No. 1, La Vue Du Lac, Purdy & Becker, Webster, Mass. dated May 1924, and recorded with the Worcester Registry in Plan Book 42, as Plan 38 on June 2, 1924 (1924 Plan), is burdened by an easement buy estoppel and an implied easement for the use and benefit of the Lakeview Road Defendants. A copy of the 1924 Plan is attached as Exhibit A. It is further

ORDERED and ADJUDGED that Webster Ventures' remaining claims are DISMISSED without prejudice. It is further

ORDERED, ADJUDGED, AND DECLARED that a copy of this judgment may be filed with the Worcester South Registry of Deeds and marginally referenced on all relevant documents.

SO ORDERED

MISC 15-000324

January 29, 2019

Worcester, ss.

FOSTER, J.

JUDGMENT