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Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Case Last Refreshed: 8 months ago

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Xxxxx, Xxxxxx, Xxxxx, Xxxxx, filed a(n) Foreclosure - Property case represented by Pro Se, against Citibank, N.A. Not In Its Individual Capacity, But Soley As Separate Trustee For Pmt Npl Financing 2015-1, Mfra Trust 2015-1, Planet Home Lending, Llc, Pnmac Capital Management, Llc, Wilmington Trust National Association, (total of 5) See All represented by Polansky, Esq., Kevin Patrick, in the jurisdiction of Middlesex County, MA, . Middlesex County, MA Superior Courts with Sarah W. Ellis presiding.

Case Details for Xxxxx, Xxxxxx v. Citibank, N.A. Not In Its Individual Capacity, But Soley As Separate Trustee For Pmt Npl Financing 2015-1 , et al.

Case Number

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Judge

Sarah W. Ellis Track Judge’s New Cases

Filing Date

February 03, 2023

Category

Real Property

Last Refreshed

July 31, 2023

Practice Area

Property

Filing Location

Middlesex County, MA

Matter Type

Foreclosure

Parties for Xxxxx, Xxxxxx v. Citibank, N.A. Not In Its Individual Capacity, But Soley As Separate Trustee For Pmt Npl Financing 2015-1 , et al.

Plaintiffs

Xxxxx, Xxxxxx

Xxxxx, Xxxxx

Attorneys for Plaintiffs

Pro Se

Defendants

Citibank, N.A. Not In Its Individual Capacity, But Soley As Separate Trustee For Pmt Npl Financing 2015-1

Mfra Trust 2015-1

Planet Home Lending, Llc

Pnmac Capital Management, Llc

Wilmington Trust National Association

Attorneys for Defendants

Polansky, Esq., Kevin Patrick

Case Documents for Xxxxx, Xxxxxx v. Citibank, N.A. Not In Its Individual Capacity, But Soley As Separate Trustee For Pmt Npl Financing 2015-1 , et al.

for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Plaintiffs(s) xxxxx xxxxx, xxxxxx xxxxx's EMERGENCY, EX PARTE Motion for a Temporary Restraining Order to Enjoin the Non Judicial Foreclosure Sale. Dated 2/03/23 The Plaintiff's have presented via Verified Complaint that immediate and irreparable loss will result to them if the foreclosure sale is allowed to proceed on Monday 2/06/23 at 10am. The Plaintiff's have demonstrated via verified Complaint a likelihood success on the merits and that the risk of irreparable harm out weighs the potential to the Defendants. The Defendants are hereby enjoined and prohibited from proceeding with the 2/06/23 foreclosure sale of 71 Flint Road Concord, MA. The matter shall be schedule for a two party hearing with notice to the defendants. Plaintiff shall file copy of all 1st Circuit Decisions in this matter before next hearing date for this Court for review. Hearing will be in person 2/17.23 at 1:30 PM. (Ellis,J.) Copy given in hand.

Date: February 03, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Original civil complaint filed.

Date: February 03, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

On xxxxx xxxxx, xxxxxx xxxxx's application for a Preliminary Injunction a Summons and Temporary Restraining order issued against Wilmington Trust National Association, MFRA Trust 2015-1, Planet Home Lending, LLC, Citibank, N.A. not in its individual capacity, but soley as separate trustee for PMT NPL Financing 2015-1, PNMAC Capital Management, LLC after payment of $90.00, returnable on 02/17/2023 01:30 PM Hearing on Preliminary Injunction. Until such hearing, the named party and their various attorneys and agents must: Defendants are Ordered to desist and refrain from proceeding with the 2/06/23 foreclosure sale of 71 Flint Road Concord, MA. The matter shall be schedule for a two party hearing with notice to the defendants. SO ORDERED (Ellis,J.) Copy given in hand.

Date: February 03, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Civil action cover sheet filed.

Date: February 03, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Exhibits/Appendix Exhibits A through H for Motion P#8 and Memorandum in Support of Motion

Date: February 15, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Opposition to Defendant's motion to Dissolve the Temporary Restraining Order filed by xxxxx xxxxx, xxxxxx xxxxx

Date: February 16, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Defendants Wilmington Trust National Association, MFRA Trust 2015-1, Planet Home Lending, LLC, Citibank, N.A. not in its individual capacity, but soley as separate trustee for PMT NPL Financing 2015-1, PNMAC Capital Management, LLC's Motion to Dissolve Temporary Restraining Order and Opposition to Motion For Preliminary Injunction

Date: February 15, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Plaintiffs xxxxx xxxxx, xxxxxx xxxxx's EMERGENCY, EX PARTE Motion to Amend the Temporary Restraining Order and Cancel the Rescheduled February 17, 2023 Foreclosure Sale

Date: February 15, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

xxxxx xxxxx, xxxxxx xxxxx's Memorandum in support of Motion For Preliminary Injunction to Enjoin All Nonjudicial Foreclosure Sales

Date: February 15, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Plaintiffs xxxxx xxxxx, xxxxxx xxxxx's Motion for Preliminary Injunction to Enjoin All Nonjudicial Foreclosure Sales

Date: February 15, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Exhibits/Appendix Exhibits to Paper #7 Exhibits A through J (omitting F and G)

Date: February 15, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Endorsement on Motion for a Preliminary Injunction to enjoin (#8.0): ALLOWED Dated 2/17/23 After a two party hearing upon review of the pleadings arguments advanced and appropriate legal standings 1. The Plaintiff's Motion for P.I. to preclude foreclosure "non judicial" and auction of the subject property is ALLOWED. The defendants shall not take any steps to commence a foreclosure or auction of the property the defendants is to maintain the status quo regarding the mortgage and real estate interest. Neither party is to convey sell or assign any interest in the subject property. 2. The Plaintiff has made a showing of a likelihood of success on some of their claims. 3. If the Defendants foreclose the plaintiff's would suffer irreparable harm. 4. The injunction shall remain in place while the appeal in the first circuit and remand to the U.S. District Court for additional finding and entry of such findings are pending upon further findings or an order regarding subject property and case action number 14-13593-GAO, This matter shall be scheduled promptly for further hearing and trial. 5. In accord with mass r. civ. p. 65 (c) the Plaintiff shall post security in the amount of $9,700.00 (one month of property taxes and insurance at $6039.87 plus previously agreed to mortgage payment by way of promissory note). Said security shall be posted no later than Tuesday Feb 21, 2023 at 4pm Eastern Standard Time and this P.I. shall dissolve by Feb22, 23 at 4PM. If said security is not timely thereafter security shall be posted no later than 4pm on the 21st of the month in the amount of $9,700. If positing is not timely made the P.I. shall dissolve by 4P.M. the next business day. SO ORDERED. (Ellis,J.) Copies mailed and emailed to Plaintiff and Defendants Attorney 2/17/23.

Date: February 17, 2023
for Xxxxx, Xxxxx Et Al Vs. Wilmington Trust National Association Et Al

Plaintiffs xxxxx xxxxx, xxxxxx xxxxx's Response to Order For The First Circuit's Decisions

Date: February 14, 2023

Case Events for Xxxxx, Xxxxxx v. Citibank, N.A. Not In Its Individual Capacity, But Soley As Separate Trustee For Pmt Npl Financing 2015-1 , et al.

Date Type Description
February 18, 2023 Docket Event Notice of voluntary dismissal (41a.l.i) Pursuant to Mass. R. Civ. P. 41(a)(1)(i), Plaintiffs xxxxx and xxxxxx xxxxx (collectively, the "Najdas") hereby give notice that this action is voluntarily dismissed, without prejudice. Defendants Wilmington Trust National Association, MFRA Trust 2015-1, Planet Home Lending, LLC, Citibank, N.A. not in its individual capacity, but solely as separate trustee for PMT NPL Financing 2015-1, and PNMAC Capital Management, LLC have not served an answer or motion for summary judgment in this action. Accordingly, Plaintiffs notice voluntary dismissal of this action, without prejudice. See Mass. R. Civ. P. 41(a)(1)(i). Applies To: xxxxx, xxxxx (Plaintiff); xxxxx, xxxxxx (Plaintiff)
February 17, 2023 Docket Event Endorsement on Motion for a Preliminary Injunction to enjoin (#8.0): ALLOWED Dated 2/17/23 After a two party hearing upon review of the pleadings arguments advanced and appropriate legal standings 1. The Plaintiff's Motion for P.I. to preclude foreclosure "non judicial" and auction of the subject property is ALLOWED. The defendants shall not take any steps to commence a foreclosure or auction of the property the defendants is to maintain the status quo regarding the mortgage and real estate interest. Neither party is to convey sell or assign any interest in the subject property. 2. The Plaintiff has made a showing of a likelihood of success on some of their claims. 3. If the Defendants foreclose the plaintiff's would suffer irreparable harm. 4. The injunction shall remain in place while the appeal in the first circuit and remand to the U.S. District Court for additional finding and entry of such findings are pending upon further findings or an order regarding subject property and case action number 14-13593-GAO, This matter shall be scheduled promptly for further hearing and trial. 5. In accord with mass r. civ. p. 65 (c) the Plaintiff shall post security in the amount of $9,700.00 (one month of property taxes and insurance at $6039.87 plus previously agreed to mortgage payment by way of promissory note). Said security shall be posted no later than Tuesday Feb 21, 2023 at 4pm Eastern Standard Time and this P.I. shall dissolve by Feb22, 23 at 4PM. If said security is not timely thereafter security shall be posted no later than 4pm on the 21st of the month in the amount of $9,700. If positing is not timely made the P.I. shall dissolve by 4P.M. the next business day. SO ORDERED. (Ellis,J.) Copies mailed and emailed to Plaintiff and Defendants Attorney 2/17/23.
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February 17, 2023 Docket Event Event Result:: Hearing on Preliminary Injunction scheduled on: 02/17/2023 01:30 PM Has been: Held as Scheduled Hon. Sarah Weyland Ellis, Presiding Staff: Maria Pantos, Assistant Clerk Magistrate

Judge: Ellis, Sarah Weyland

February 16, 2023 Docket Event Opposition to Defendant's motion to Dissolve the Temporary Restraining Order filed by xxxxx xxxxx, xxxxxx xxxxx
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February 15, 2023 Docket Event Exhibits/Appendix Exhibits A through H for Motion P#8 and Memorandum in Support of Motion
View Document
February 15, 2023 Docket Event Defendants Wilmington Trust National Association, MFRA Trust 2015-1, Planet Home Lending, LLC, Citibank, N.A. not in its individual capacity, but soley as separate trustee for PMT NPL Financing 2015-1, PNMAC Capital Management, LLC's Motion to Dissolve Temporary Restraining Order and Opposition to Motion For Preliminary Injunction
View Document
February 15, 2023 Docket Event Plaintiffs xxxxx xxxxx, xxxxxx xxxxx's EMERGENCY, EX PARTE Motion to Amend the Temporary Restraining Order and Cancel the Rescheduled February 17, 2023 Foreclosure Sale
View Document
February 15, 2023 Docket Event xxxxx xxxxx, xxxxxx xxxxx's Memorandum in support of Motion For Preliminary Injunction to Enjoin All Nonjudicial Foreclosure Sales
View Document
February 15, 2023 Docket Event Plaintiffs xxxxx xxxxx, xxxxxx xxxxx's Motion for Preliminary Injunction to Enjoin All Nonjudicial Foreclosure Sales
View Document
February 15, 2023 Docket Event Exhibits/Appendix Exhibits to Paper #7 Exhibits A through J (omitting F and G)
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