Case Last Refreshed: 3 years ago
Hovey Square Estates Condominium Trust, filed a(n) Liens - Creditor case represented by Daddario, Esq., Gary Michael, against Ellis, Cynthia, in the jurisdiction of Middlesex County, MA, . Middlesex County, MA Superior Courts with Kenneth J. Fishman presiding.
Case Number |
|
Filing DateJanuary 25, 2005 |
CategoryReal Property |
Last RefreshedApril 10, 2021 |
Practice AreaCreditor |
Filing LocationMiddlesex County, MA |
Matter TypeLiens |
| Date | Type | Description | |
|---|---|---|---|
| May 26, 2006 | Docket Event | Execution returned Satisfied in Full. | |
| May 15, 2006 | Docket Event | Execution returned into court (Hovey Square Estates Condo Trust v. Ellis) "Satisfied in Full" | |
| July 12, 2005 | Docket Event | Execution issued for First Franklin Financial Corporation v Cynthia Ellis in amount of $4,259.32, including interest and costs, issued to plaintiff(s) Attorney Gary M Daddario | |
| July 12, 2005 | Docket Event | Execution issued for plaintiff(s) v Cynthia Ellis in amount of $6,018.52, including interest and costs, issued to plaintiff(s) Attorney Gary M Daddario | |
| June 30, 2005 | Docket Event | Request for execution. | |
| June 30, 2005 | Docket Event | Affidavit that Cynthia Ellis is not in military service | |
| May 25, 2005 | Docket Event | Default judgmnt (55b2) by court v defendant(s) Cynthia Ellis (WHICH SEE) ( Kenneth J. Fishman, Justice), Copies mailed May 25, 2005 | |
| May 24, 2005 | Docket Event | MOTION (P#6) After hearing, defendant not appearing Judgment to enter as proposed. Dated: May 17, 2005 (Kenneth J. Fishman, Justice). Notices mailed May 24, 2005 | |
| May 19, 2005 | Docket Event | Supplemental Affidavit of Counsel (Filed in Court on 5/17/05) | |
| May 19, 2005 | Docket Event | JUDGMENT AND ORDER: This matter came on for hearing before this Court and upon hearing and after consideration of the facts, it is hereby ordered and adjudged as follows: 1. That the Defendant, Cynthia Ellis, is indebted to the Plaintiff in the amount of Two Thousand Seven Hundred Ninety-One and 62/100 Dollars ($2,791.62) for common area charges, interest and late fees through May 10, 2005, as set forth in th Declaration of Trust of Hovey Square Estates Condominium Trust. The Defendant is further indebted to the Plaintiff in the sum of Two Thousand One Hundred Five Dollars ($2,105.00) for reasonable attorney's fees and Eight Hundred Seventy-Nine and 32/100 Dollars ($879.32) for out-of-pocket expenses as determined by the Court. Accordingly, the Plaintiff shall recover from the Defendant the total sum of Five Thousand Seven Hundred Seventy-Five and 94/100 Dollars ($5,775.94) and subsequent common area charges as may occur pursuant to M.G.L. c. 183 A Section 6 and the Declaration of Trust of the Hovey Square Estates Condominium Trust. 2 The above damages constitute a lien pursuant to M.G.L. Chapter 183A, Section 6 and M.G.L. Chapter 254 Sections 5 and 5(a) and in full compliance therewith upon establishment of a Judgment, the Plaintiff shall have the right to foreclose on said lien and enter upon, possess and sell said premises specified in the Complaint. 3. The Court authorized Harvard Auctioneers Co., 280 Commonwealth Ave., Suite 470, Boston, Massachusetts 02116, an auctioneer licensed to conduct auctions in the Commonwealth of Massachusetts, or such licensed auctioneer to conduct the Plaintiff's foreclosure auction on said lien. 4. The Defendant herein shall be further indebted to the Plaintiff for any and all fees and expenses related to the publication and advertising of any sale, as well as fees and expenses related to the actual sale, including but not limited to, reasonable attorney's fees. 5. That the Plaintiff is allowed to reach and apply the rents and require that any and all rents paid by tenants, lessees and occupants, pending the sale of said unit, to be used to defray the unpaid share of the common expenses attributable to said unit owned by the Defendant. The Defendant is enjoined from interfering with the Plaintiff's right to collect these rents. Further, the Plaintiff is allowed to lease the said condominium unit that is either presently unoccupied or which becomes unoccupied in the future until such time as the amount of said Judgment id satisfied. 6. A. Pursuant to M.G.L. c. 183 A 6 (c), the Plaintiff is entitled to a priority over all mortgagees, including the second mortgage, if any for six (6) months of common area fees immediately preceding the filing of the Complaint in this action plus all legal fees and costs of this action. B. Pursuant to M.G.L. c. 183A 6(c), Judgment shall enter against the party-in-interest First Franklin Financial Corp. establishing their statutory obligation in the amount of Four Thousand Two Hundred Fifty-Nine and 32/100 ($4,259.32) representing the super lien portion of the total amount due from the Defendant. Date 5-17-05 (Kenneth Fishman, Justice) |
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