Preview
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Number 2381CV00607
6
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss Superior Court Department
Civil Action No.: 2381CV00607
Linda Rosenburg,
Plaintiff, RECEIVED
Vv. 3/16/2023
Nationstar Mortgage LLC,
Defendant.
x
NOTICE OF FILING OF NOTICE OF REMOVAL
PLEASE TAKE NOTICE that on March 16, 2023, a Notice of Removal of the above-
entitled action was filed with the Clerk of United States District Court for the District of
Massachusetts, The new civil action number is 1:23-CV-10582. Notice was filed by Nationstar
Mortgage LLC.
PLEASE TAKE FURTHER NOTICE that, as provided by 28 U.S.C. § 1446(d), the
Middlesex County Superior Court “shall proceed no further unless and until the case is
remanded.”
A copy of the Notice of Removal, without attachments, is annexed to this Notice. This
Notice is furnished and shall be filed as provided by 28 U.S.C. § 1446(d).
Respectfully Submitted,
Nationstar Mortgage LLC,
By its attorneys,
Dated: March 16, 2023 /s/Reneau J. Longori:
Reneau J. Longoria, Esq. (BBO #635118)
Brian C. Linehan, Esq. (BBO #690437)
Doonan, Graves & Longoria, LLC
100 Cummings Center Suite 303C
Beverly, MA 01915
Tel. (978) 921-2670
rjl@dgandl.com
SR
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Number 2381CV00607
CERTIFICATE OF SERVICE
I, Reneau J. Longoria, Esq. certify that a true copy of the Notice of l'iling of Notice of
Removal was served upon the Plaintiff in this action by electronic notification and/or mailing a
true copy of the same, first-class mail; postage prepaid, on March 16, 2023 to:
/s/Reneau J. Longoria
Reneau J. Longoria, Esq.
Kenneth B. Phillips
Law Offices of Kenneth B. Phillips
12 Walnut Street - Suite 21
Natick, MA 01760
ken@kbplaw.com.
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 1 of 8
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
x
Linda Rosenburg,
Plaintiff,
Vv. Civil Action No.
Nationstar Mortgage LLC,
Defendant.
x
NOTICE OF REMOVAL OF MATTER TO
THE UNITED STATES DISTRICT COURT
NOW COMES the Defendant, Nationstar Mortgage LLC (“Nationstar”) by and through
its undersigned counsel, Doonan, Graves & Longoria LLC, and pursuant to Chapter 28, Section
1441 (a) and (b) of the United States Code, does hereby remove the action pending in the
Middlesex County Superior Court as Civil Action No. 2381CV00607, to the United States
District Court, District of Massachusetts. In support of this removal, Nationstar states as follows:
I SERVICE
1. On or about March 3, 2023, the Plaintiff filed the instant Complaint and Motion for
injunctive relief in the Middlesex County Superior Court, Civil Action Number
2381CV00607, seeking to enjoin Nationstar’s foreclosure sale of the property located at 91
Flanagan Drive, Framingham, MA (the “Property”), which was previously scheduled to take
place on March 6, 2023, at 9:00 AM.
On March 3, 2023, the Middlesex Superior Court issued a Temporary Restraining Order
enjoining Nationstar’s foreclosure sale for ten days to allow time for further hearing on the
Plaintiff's Motion for injunctive relief.
Upon information and belief, Nationstar has not yet been properly served at the time of this
filing.
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 2 of 8
This Notice of Removal was filed electronically on March 16, 2023.
On March 16, 2023, the undersigned counsel contacted Plaintiff?s counsel via telephone to
discuss the matter and inform him that the matter would be removed to U.S. District Court.
I. PLEADINGS AND NOTICE TO STATE COURT
Pursuant to 28 U.S.C. § 1446(a) and Local Rule 81.1, certified copies of all pleadings,
records, orders and proceedings, from the Middlesex County Superior Court have been
requested and will be filed with this Court upon receipt.
Copies of the Complaint and all documents received from counsel after he obtained the
Temporary Restraining Order ex-parte in the Superior Court are attached hereto as Exhibit A.
Contemporaneous with the filing of this Notice, the Defendant has given written notice and
contacted Plaintiffs counsel to inform him of the Removal and has notified the Middlesex
County Superior Court of this Removal.
Il. STATEMENT OF GROUNDS FOR REMOVAL
This action is within the jurisdiction of the U.S. District Court pursuant to 28 U.S.C. § 1332,
which provides in pertinent part, that “[t]he district courts shall have original jurisdiction of
all civil actions where the matter in controversy exceeds the sum or value of $75,000.00,
exclusive of interest and costs, and is between...citizens of different states.” 28 U.S.C. §
1332(a)(1).
This action is removable from the Middlesex County Superior Court to this Federal District
Court since it is a civil action and diversity exists under Chapter 28 U.S.C. Section §1332.
10. On or about March 14, 2023, the undersigned through Nationstar, received the Motion for
injunctive relief by electronic mail and subsequently removed the matter to this Court.
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 3 of 8
11. Nationstar postponed its foreclosure sale of the Property previously scheduled for March 6,
2023, at 9:00 AM by public proclamation to April 10, 2023, at 10:00 AM to allow the Court
time to review pleadings and schedule a hearing if needed.
a. The Parties are citizens of different states.
12. The Plaintiff in this action, Linda Rosenburg represented in her Complaint that she is a
resident of Framingham, MA. (Compl. at Introductory Paragraph).
13. Defendant, Nationstar, is a foreign corporation organized and existing under the laws of the
State of Delaware with its principal place of business in Coppell, TX.
14. Thus, there is complete diversity between the Parties.
b. Amount in controversy exceeds $75,000.00 jurisdictional threshold.
15. The amount in controversy meets the jurisdictional threshold as the unpaid balance of the
mortgage, which is the subject matter of this action and was scheduled for foreclosure March
6, 2023 at 9:00 AM, is in excess of $403,435.01 as of March 2023.
16. The Supreme Court has held that “[iJn actions seeking declaratory or injunctive relief, it is
well established that the amount in controversy is measured by the value of the object of the
litigation.” Hunt v. Washington State Apple Advertising Comm’n., 432 U.S. 333, 347, 97
S.Ct. 2434, 53 L.Ed.2d 383 (1977); see also McNutt v. General Motors Acceptance Corp.,
298 U.S. 178, 181, 56S, Ct. 780, 781 (1936).
17. “It is well-settled that when a plaintiff seeks an injunction to prevent impending foreclosure
proceedings or to invalidate a foreclosure sale, the object of the litigation is the property at
issue. See Campaniello v. Marathon Structured Asset Solutions Trust, et al, Civil Action No.
11-400081-FDS (May 5, 2011) citing c.g., Garfinkle v. Wells Fargo Bank, 483 F.2d 1074,
1076 (9 Cir. 1983) (explaining that because “[t]he whole purpose of this action is to
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 4 of 8
foreclose [defendant] from selling this property,” the object of the litigation was the
property); Hersey v. WPB Partners, LLC, 2011 WL 587959, at *2 (D.N.H. Feb 8,
2011)(explaining that if an injunction to prevent foreclosure were at issue, the value of the
property would be the measure of the amount in controversy); Reye v. Wells Fargo Bank,
N.A., 2010 WL 2629785, at *4 (N.D. Cal. June 29, 2010)(stating that “if the primary purpose
of a lawsuit is to enjoin a bank from selling or transferring property, then the property is the
object of the litigation”); Berry v. Chase Home Fin., LLC, 2009 WL 2868224, at *3 (S.D.
Tex. August 27, 2009) (reasoning that the value of the declaratory and injunctive relief is the
fair market value of the property at issue because without the relief, “[p]laintiff could be
divested of all right, title, and interest to the[p]roperty”); Garland v. Mortgage Elec.
Registration Sys., Inc., 2009 WL 1684424, at *1-3 (D. Minn. Jun. 16, 2009)(determining
that, in an action seeking a declaration that the defendant had no authority to foreclose on the
property, the amount in controversy was either the amount of the underlying debt or the fair
market value of the property).
18 Here, the Property has an assessed value of $735,300.00.
19. Further, the unpaid balance of the mortgage, which is the subject matter of this action and
was scheduled for foreclosure March 6, 2023 at 9:00 AM, is in excess of $403,435.01 as of
March 2023.
20. Accordingly, the amount in controversy exceeds the jurisdictional threshold of $75,000.00.
ec. Additional Requirements for Removal Have Been Met.
21. No prior removal of this action has been attempted.
22. The removal of this action is timely under the provisions of 28 U.S.C. § 1446(b) as it is being
filed within thirty days of the Defendant’s receipt of the initial pleading.
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 5 of 8
23. Removal is proper in this case, because the value of the Property, the foreclosure sale of
which the Plaintiff is seeking to enjoin, is assessed at $735,300.00 and there is complete
diversity between the parties. 28 U.S.C. §1332.
24. Copies of all pleadings received by the Defendant in this proceeding are attached hereto.
WHEREFORE the Defendant hereby requests that this Court accept jurisdiction over this
matter.
Respectfully Submitted,
Nationstar Mortgage LLC,
By its attorneys,
Dated: March 16, 2023 /s/Reneau J. Longori
Reneau J. Longoria, Esq. (BBO #635118)
Brian C. Linehan, Esq. (BBO #690437)
Doonan, Graves & Longoria, LLC
100 Cummings Center Suite 303C
Beverly, MA 01915
Tel. (978) 921-2670
ril@dgandl.com
CERTIFICATE OF SERVICE
I, Reneau J. Longoria, Esq. certify that a true copy of the Notice of Removal was served
upon the Plaintiff in this action by electronic notification and/or mailing a true copy of the same,
first-class mail; postage prepaid, on March 16, 2023 to:
/s/Reneau J. Longori:
Reneau J. Longoria, Esq.
Kenneth B. Phillips
Law Offices of Kenneth B. Phillips
12 Walnut Street - Suite 21
Natick, MA 01760
ken@kbplaw.com.
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Numbeg: 2381 vo0607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 6 of 8
p kes
COMMONWEALTH OF MASSACHUSETTS
Middlesex; ss SUPERIOR
COURT # yyw
Linda Rosenburg
Plaintiff(s),
id a
y
INTHE
FOR THE Rit
t
Nationstar Mortgage, LLC MAR 0 8 2023
o%
¥4 4 céak Gee
Lenn
\
{3 Defendant(s).
A WR
ls PLAINTIFF’S EMERGENCY MOTION FOR AN ORDER ENJOINING
3 S AUCTION SCHEDULED FOR MARCH 6, 2023; AND DIRECTING
ys
DEFENDANT TO ALLOW REASONABLE TIME FOR A SHORT SALE
REVIEW, and FOR A SHORT ORDER OF NOTICE RETURNABLE
March 6, 2023 at 9:00 AM
Plaintiff, (the “homeowner”) hereby moves this Court for an Order enjoining
the auction of the property currently scheduled on March 6, 2023 at 10:00 AM and
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Numbeg 2381CV00607. Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 7 of 8
directing Defendant to allow a reasonable time in order to effectuate a Short Sale
which is necessary to avoid a pending foreclosure on a loan secured by property
located at 91 Flanagan Drive, Framingham, Middlesex County Massachusetts
(“Property”). As reason therefore, the Plaintiff states as follows:
TIME IS OF THE ESSENCE, The property is Schedule to be foreclosed on
and auctioned off on March 6, 2023.
The underlying Property is Plantiff’s family homestead.
Defendant has blatantly failed to comply with MGL 244, to wit have failed to
provide Plaintiff with alternatives to foreclosure, yet still seeks to improperly
foreclose and refuses to grant a slight delay to foreclosure Auction in order for
a Sale to take place to the ready, willing and able buyer.
Defendant has a sworn affidavit recorded at Middlesex Registry of Deeds in
Book 80529 Page 439 that improperly states that MGL 244, sec 35B has been
complied with. Plaintiff's efforts to Mitigate the Loss via short sale or
recognition of Bank of America’s loan modification have been met with little I
to no cooperation from Defendant. Therefore, the statement in the Affidavit i
that has made “good faith effort to avoid foreclosure’ is inaccurate. See
Affidavit as Exhibit B to the Complaint herein.
Plantiff has engaged in extensive efforts to obtain a ready willing and able
buyer of the Property and has done so.
Date Filed 3/16/2023 1:57 PM
Superior Court - Middlesex
Docket Numbeg 2381 CVO00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 8 of 8
Defendant has provided little to no information and communication to
Plaintiff to complete the Short Sale process other than to re-iterate that the
Auction date is March 6, 2023.
Foreclosure counsel for Defendant has stated that Defendant will not extend
Auction date, despite request from Plaintiff
WHEREFORE, for the reasons stated above, the Plaintiff's respectfully requests that
this Honorable Court:
Grant an Order Directing Enjoining Defendant from Auctioning the
Property on March 6, 2023; and to extending auction date to no earlier
than June 15, 2023; and
Granting a Short Order of Notice returnable March 6, 2023; at 9:00 AM,
Directing Defendant to cooperate with Plaintiff regarding information
necessary to complete the Short Sale;
For such further and other relief as the court may deem just and proper.
Dated: March 3, 2023.
Respectfully submitted,
C1
Plaintiff by Hs Attorney
Law offices of Kenneth B. Phillips
Kenneth B. Phillips, Esq.
12 Walnut Street — Suite 21
Natick, MA 01760
P (508) 652-0085 F. (508) 519-2599
ken@kbplaw.com - BBO # 63383
Preview
Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Number 2381CV00607 6 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss Superior Court Department Civil Action No.: 2381CV00607 Linda Rosenburg, Plaintiff, RECEIVED Vv. 3/16/2023 Nationstar Mortgage LLC, Defendant. x NOTICE OF FILING OF NOTICE OF REMOVAL PLEASE TAKE NOTICE that on March 16, 2023, a Notice of Removal of the above- entitled action was filed with the Clerk of United States District Court for the District of Massachusetts, The new civil action number is 1:23-CV-10582. Notice was filed by Nationstar Mortgage LLC. PLEASE TAKE FURTHER NOTICE that, as provided by 28 U.S.C. § 1446(d), the Middlesex County Superior Court “shall proceed no further unless and until the case is remanded.” A copy of the Notice of Removal, without attachments, is annexed to this Notice. This Notice is furnished and shall be filed as provided by 28 U.S.C. § 1446(d). Respectfully Submitted, Nationstar Mortgage LLC, By its attorneys, Dated: March 16, 2023 /s/Reneau J. Longori: Reneau J. Longoria, Esq. (BBO #635118) Brian C. Linehan, Esq. (BBO #690437) Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 303C Beverly, MA 01915 Tel. (978) 921-2670 rjl@dgandl.com SR Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Number 2381CV00607 CERTIFICATE OF SERVICE I, Reneau J. Longoria, Esq. certify that a true copy of the Notice of l'iling of Notice of Removal was served upon the Plaintiff in this action by electronic notification and/or mailing a true copy of the same, first-class mail; postage prepaid, on March 16, 2023 to: /s/Reneau J. Longoria Reneau J. Longoria, Esq. Kenneth B. Phillips Law Offices of Kenneth B. Phillips 12 Walnut Street - Suite 21 Natick, MA 01760 ken@kbplaw.com. Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS x Linda Rosenburg, Plaintiff, Vv. Civil Action No. Nationstar Mortgage LLC, Defendant. x NOTICE OF REMOVAL OF MATTER TO THE UNITED STATES DISTRICT COURT NOW COMES the Defendant, Nationstar Mortgage LLC (“Nationstar”) by and through its undersigned counsel, Doonan, Graves & Longoria LLC, and pursuant to Chapter 28, Section 1441 (a) and (b) of the United States Code, does hereby remove the action pending in the Middlesex County Superior Court as Civil Action No. 2381CV00607, to the United States District Court, District of Massachusetts. In support of this removal, Nationstar states as follows: I SERVICE 1. On or about March 3, 2023, the Plaintiff filed the instant Complaint and Motion for injunctive relief in the Middlesex County Superior Court, Civil Action Number 2381CV00607, seeking to enjoin Nationstar’s foreclosure sale of the property located at 91 Flanagan Drive, Framingham, MA (the “Property”), which was previously scheduled to take place on March 6, 2023, at 9:00 AM. On March 3, 2023, the Middlesex Superior Court issued a Temporary Restraining Order enjoining Nationstar’s foreclosure sale for ten days to allow time for further hearing on the Plaintiff's Motion for injunctive relief. Upon information and belief, Nationstar has not yet been properly served at the time of this filing. Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 2 of 8 This Notice of Removal was filed electronically on March 16, 2023. On March 16, 2023, the undersigned counsel contacted Plaintiff?s counsel via telephone to discuss the matter and inform him that the matter would be removed to U.S. District Court. I. PLEADINGS AND NOTICE TO STATE COURT Pursuant to 28 U.S.C. § 1446(a) and Local Rule 81.1, certified copies of all pleadings, records, orders and proceedings, from the Middlesex County Superior Court have been requested and will be filed with this Court upon receipt. Copies of the Complaint and all documents received from counsel after he obtained the Temporary Restraining Order ex-parte in the Superior Court are attached hereto as Exhibit A. Contemporaneous with the filing of this Notice, the Defendant has given written notice and contacted Plaintiffs counsel to inform him of the Removal and has notified the Middlesex County Superior Court of this Removal. Il. STATEMENT OF GROUNDS FOR REMOVAL This action is within the jurisdiction of the U.S. District Court pursuant to 28 U.S.C. § 1332, which provides in pertinent part, that “[t]he district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000.00, exclusive of interest and costs, and is between...citizens of different states.” 28 U.S.C. § 1332(a)(1). This action is removable from the Middlesex County Superior Court to this Federal District Court since it is a civil action and diversity exists under Chapter 28 U.S.C. Section §1332. 10. On or about March 14, 2023, the undersigned through Nationstar, received the Motion for injunctive relief by electronic mail and subsequently removed the matter to this Court. Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 3 of 8 11. Nationstar postponed its foreclosure sale of the Property previously scheduled for March 6, 2023, at 9:00 AM by public proclamation to April 10, 2023, at 10:00 AM to allow the Court time to review pleadings and schedule a hearing if needed. a. The Parties are citizens of different states. 12. The Plaintiff in this action, Linda Rosenburg represented in her Complaint that she is a resident of Framingham, MA. (Compl. at Introductory Paragraph). 13. Defendant, Nationstar, is a foreign corporation organized and existing under the laws of the State of Delaware with its principal place of business in Coppell, TX. 14. Thus, there is complete diversity between the Parties. b. Amount in controversy exceeds $75,000.00 jurisdictional threshold. 15. The amount in controversy meets the jurisdictional threshold as the unpaid balance of the mortgage, which is the subject matter of this action and was scheduled for foreclosure March 6, 2023 at 9:00 AM, is in excess of $403,435.01 as of March 2023. 16. The Supreme Court has held that “[iJn actions seeking declaratory or injunctive relief, it is well established that the amount in controversy is measured by the value of the object of the litigation.” Hunt v. Washington State Apple Advertising Comm’n., 432 U.S. 333, 347, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977); see also McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 181, 56S, Ct. 780, 781 (1936). 17. “It is well-settled that when a plaintiff seeks an injunction to prevent impending foreclosure proceedings or to invalidate a foreclosure sale, the object of the litigation is the property at issue. See Campaniello v. Marathon Structured Asset Solutions Trust, et al, Civil Action No. 11-400081-FDS (May 5, 2011) citing c.g., Garfinkle v. Wells Fargo Bank, 483 F.2d 1074, 1076 (9 Cir. 1983) (explaining that because “[t]he whole purpose of this action is to Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 4 of 8 foreclose [defendant] from selling this property,” the object of the litigation was the property); Hersey v. WPB Partners, LLC, 2011 WL 587959, at *2 (D.N.H. Feb 8, 2011)(explaining that if an injunction to prevent foreclosure were at issue, the value of the property would be the measure of the amount in controversy); Reye v. Wells Fargo Bank, N.A., 2010 WL 2629785, at *4 (N.D. Cal. June 29, 2010)(stating that “if the primary purpose of a lawsuit is to enjoin a bank from selling or transferring property, then the property is the object of the litigation”); Berry v. Chase Home Fin., LLC, 2009 WL 2868224, at *3 (S.D. Tex. August 27, 2009) (reasoning that the value of the declaratory and injunctive relief is the fair market value of the property at issue because without the relief, “[p]laintiff could be divested of all right, title, and interest to the[p]roperty”); Garland v. Mortgage Elec. Registration Sys., Inc., 2009 WL 1684424, at *1-3 (D. Minn. Jun. 16, 2009)(determining that, in an action seeking a declaration that the defendant had no authority to foreclose on the property, the amount in controversy was either the amount of the underlying debt or the fair market value of the property). 18 Here, the Property has an assessed value of $735,300.00. 19. Further, the unpaid balance of the mortgage, which is the subject matter of this action and was scheduled for foreclosure March 6, 2023 at 9:00 AM, is in excess of $403,435.01 as of March 2023. 20. Accordingly, the amount in controversy exceeds the jurisdictional threshold of $75,000.00. ec. Additional Requirements for Removal Have Been Met. 21. No prior removal of this action has been attempted. 22. The removal of this action is timely under the provisions of 28 U.S.C. § 1446(b) as it is being filed within thirty days of the Defendant’s receipt of the initial pleading. Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Number 2381CV00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 5 of 8 23. Removal is proper in this case, because the value of the Property, the foreclosure sale of which the Plaintiff is seeking to enjoin, is assessed at $735,300.00 and there is complete diversity between the parties. 28 U.S.C. §1332. 24. Copies of all pleadings received by the Defendant in this proceeding are attached hereto. WHEREFORE the Defendant hereby requests that this Court accept jurisdiction over this matter. Respectfully Submitted, Nationstar Mortgage LLC, By its attorneys, Dated: March 16, 2023 /s/Reneau J. Longori Reneau J. Longoria, Esq. (BBO #635118) Brian C. Linehan, Esq. (BBO #690437) Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 303C Beverly, MA 01915 Tel. (978) 921-2670 ril@dgandl.com CERTIFICATE OF SERVICE I, Reneau J. Longoria, Esq. certify that a true copy of the Notice of Removal was served upon the Plaintiff in this action by electronic notification and/or mailing a true copy of the same, first-class mail; postage prepaid, on March 16, 2023 to: /s/Reneau J. Longori: Reneau J. Longoria, Esq. Kenneth B. Phillips Law Offices of Kenneth B. Phillips 12 Walnut Street - Suite 21 Natick, MA 01760 ken@kbplaw.com. Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Numbeg: 2381 vo0607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 6 of 8 p kes COMMONWEALTH OF MASSACHUSETTS Middlesex; ss SUPERIOR COURT # yyw Linda Rosenburg Plaintiff(s), id a y INTHE FOR THE Rit t Nationstar Mortgage, LLC MAR 0 8 2023 o% ¥4 4 céak Gee Lenn \ {3 Defendant(s). A WR ls PLAINTIFF’S EMERGENCY MOTION FOR AN ORDER ENJOINING 3 S AUCTION SCHEDULED FOR MARCH 6, 2023; AND DIRECTING ys DEFENDANT TO ALLOW REASONABLE TIME FOR A SHORT SALE REVIEW, and FOR A SHORT ORDER OF NOTICE RETURNABLE March 6, 2023 at 9:00 AM Plaintiff, (the “homeowner”) hereby moves this Court for an Order enjoining the auction of the property currently scheduled on March 6, 2023 at 10:00 AM and Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Numbeg 2381CV00607. Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 7 of 8 directing Defendant to allow a reasonable time in order to effectuate a Short Sale which is necessary to avoid a pending foreclosure on a loan secured by property located at 91 Flanagan Drive, Framingham, Middlesex County Massachusetts (“Property”). As reason therefore, the Plaintiff states as follows: TIME IS OF THE ESSENCE, The property is Schedule to be foreclosed on and auctioned off on March 6, 2023. The underlying Property is Plantiff’s family homestead. Defendant has blatantly failed to comply with MGL 244, to wit have failed to provide Plaintiff with alternatives to foreclosure, yet still seeks to improperly foreclose and refuses to grant a slight delay to foreclosure Auction in order for a Sale to take place to the ready, willing and able buyer. Defendant has a sworn affidavit recorded at Middlesex Registry of Deeds in Book 80529 Page 439 that improperly states that MGL 244, sec 35B has been complied with. Plaintiff's efforts to Mitigate the Loss via short sale or recognition of Bank of America’s loan modification have been met with little I to no cooperation from Defendant. Therefore, the statement in the Affidavit i that has made “good faith effort to avoid foreclosure’ is inaccurate. See Affidavit as Exhibit B to the Complaint herein. Plantiff has engaged in extensive efforts to obtain a ready willing and able buyer of the Property and has done so. Date Filed 3/16/2023 1:57 PM Superior Court - Middlesex Docket Numbeg 2381 CVO00607 Case 1:23-cv-10582 Document1 Filed 03/16/23 Page 8 of 8 Defendant has provided little to no information and communication to Plaintiff to complete the Short Sale process other than to re-iterate that the Auction date is March 6, 2023. Foreclosure counsel for Defendant has stated that Defendant will not extend Auction date, despite request from Plaintiff WHEREFORE, for the reasons stated above, the Plaintiff's respectfully requests that this Honorable Court: Grant an Order Directing Enjoining Defendant from Auctioning the Property on March 6, 2023; and to extending auction date to no earlier than June 15, 2023; and Granting a Short Order of Notice returnable March 6, 2023; at 9:00 AM, Directing Defendant to cooperate with Plaintiff regarding information necessary to complete the Short Sale; For such further and other relief as the court may deem just and proper. Dated: March 3, 2023. Respectfully submitted, C1 Plaintiff by Hs Attorney Law offices of Kenneth B. Phillips Kenneth B. Phillips, Esq. 12 Walnut Street — Suite 21 Natick, MA 01760 P (508) 652-0085 F. (508) 519-2599 ken@kbplaw.com - BBO # 63383