On February 02, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Nationstar Mortgage, Llc,
and
Massachusetts Department Of Revenue,
The Heirs, Devisees And Legal Representatives Of Edward M. Gold,
United States Of America,
for Contract / Business Cases
in the District Court of Bristol County.
Preview
Date Filed 2/2/2024 2:27 PM
a
Superior Court - Bristol
Docket Number
COMMONWEALTH OF MASSACHUSETTS
BRISTOL, SS. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
CIVIL ACTION NO: BY 720V000RS
NATIONSTAR MORTGAGE, LLC
Plaintiff,
Vv.
BRISTOL,SS SUPERIOR COURT
HEIRS, DEVISEES AND LEGAL FLED
REPRESENTATIVES EDWARD M.
GOLD; MASSACHUSETTS FEB ~ 2 2024
DEPARTMENT OF REVENUE
(ESTATE TAX DIVISION); and
UNITED STATES OF AMERICA; JENNIFER A. SULLIVAN
CLERK / MAGISTR
Defendants/ Parties-in-Interest
PLAINTIFF’S EX PARTE MOTION FOR SERVICE BY PUBLICATION
Now comes the Plaintiff, Nationstar Mortgage, LLC (“Nationstar”), and respectfully
requests this Honorable Court issue a Citation for Publication and permit Plaintiff to serve the
Heirs, Devisees, and Legal Representatives of Edward M. Gold by Publication in a newspaper of
general circulation pursuant to Mass. R. Civ. P. 4. In support of its motion, Plaintiff submits that:
1. Nationstar filed its complaint in interpleader in order to disburse surplus funds
being held after the sale of 333 Powderhorn Drive, Taunton, MA 02780. Edward
M. Gold, the former owner of the Property who is entitled to the surplus is deceased,
and his estate has not been administered or probated. See Complaint at { 1-15.
After diligent search, Nationstar was unable to locate or identify any Heir, Devisee,
or Legal Representative of the Former Owner. See Complaint at { 12.
Date Filed 2/2/2024 2:27 PM
‘Superior Court - Bristol
Docket Number
3. Plaintiff brings this motion ex parte because the former owner’s heirs, devisees, or
legal representatives are unknown and attempting to provide notice to such parties
is impractical.
WHEREFORE, the Plaintiff, Nationstar Mortgage, LLC, requests that this Honorable Court:
1 Enter an order allowing service of the complaint by publication in the THE
TAUNTON DAILY GAZETTE, or another newspaper with a general circulation
pursuant to Mass R. Civ. P. 4; and
2 Grant such other relief as this court deems just and appropriate.
Respectfully submitted,
NATIONSTAR MORTGAGE,
LLC
By its Attorneys,
4s/ Lucas P. Marchifrazier
Lucas P. Marchifrazier, Esq.
BBO#709435
Harmon Law Offices, P.C.
150 California Street
Newton, MA 02458
Direct: 617-558-8445
Imarchifrazier@harmonlaw.com
Dated: February 2, 2024
Document Filed Date
February 02, 2024
Case Filing Date
February 02, 2024
Category
Contract / Business Cases
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Date Filed 2/2/2024 2:27 PM a Superior Court - Bristol Docket Number COMMONWEALTH OF MASSACHUSETTS BRISTOL, SS. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO: BY 720V000RS NATIONSTAR MORTGAGE, LLC Plaintiff, Vv. BRISTOL,SS SUPERIOR COURT HEIRS, DEVISEES AND LEGAL FLED REPRESENTATIVES EDWARD M. GOLD; MASSACHUSETTS FEB ~ 2 2024 DEPARTMENT OF REVENUE (ESTATE TAX DIVISION); and UNITED STATES OF AMERICA; JENNIFER A. SULLIVAN CLERK / MAGISTR Defendants/ Parties-in-Interest PLAINTIFF’S EX PARTE MOTION FOR SERVICE BY PUBLICATION Now comes the Plaintiff, Nationstar Mortgage, LLC (“Nationstar”), and respectfully requests this Honorable Court issue a Citation for Publication and permit Plaintiff to serve the Heirs, Devisees, and Legal Representatives of Edward M. Gold by Publication in a newspaper of general circulation pursuant to Mass. R. Civ. P. 4. In support of its motion, Plaintiff submits that: 1. Nationstar filed its complaint in interpleader in order to disburse surplus funds being held after the sale of 333 Powderhorn Drive, Taunton, MA 02780. Edward M. Gold, the former owner of the Property who is entitled to the surplus is deceased, and his estate has not been administered or probated. See Complaint at { 1-15. After diligent search, Nationstar was unable to locate or identify any Heir, Devisee, or Legal Representative of the Former Owner. See Complaint at { 12. Date Filed 2/2/2024 2:27 PM ‘Superior Court - Bristol Docket Number 3. Plaintiff brings this motion ex parte because the former owner’s heirs, devisees, or legal representatives are unknown and attempting to provide notice to such parties is impractical. WHEREFORE, the Plaintiff, Nationstar Mortgage, LLC, requests that this Honorable Court: 1 Enter an order allowing service of the complaint by publication in the THE TAUNTON DAILY GAZETTE, or another newspaper with a general circulation pursuant to Mass R. Civ. P. 4; and 2 Grant such other relief as this court deems just and appropriate. Respectfully submitted, NATIONSTAR MORTGAGE, LLC By its Attorneys, 4s/ Lucas P. Marchifrazier Lucas P. Marchifrazier, Esq. BBO#709435 Harmon Law Offices, P.C. 150 California Street Newton, MA 02458 Direct: 617-558-8445 Imarchifrazier@harmonlaw.com Dated: February 2, 2024