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Date Filed 5/30/2024 2:20 PM
‘Superior Court - Middlesex
Docket Number
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. MIDDLESEX SUPERIOR COURT
CIVIL ACTION NO.
» DUB\CON34
TRUSTEES OF THE HERON POND
CONDOMINIUM TRUST,
Plaintiffs
vs.
JENNIFER MISSETT
Defendant
and
COMPLAINT
EASTERN BANK, AS SUCCESSOR TO
WAINWRIGHT BANK & TRUST COMPANY;
MASSACHUSETTS HOUSING PARTNERSHIP
FUND BOARD; TOWN OF WAKEFIELD , 5/30/2024 MG RECEIVED
BOARD OF SELECTMEN; and
COMMONWEALTH OF MASSACHUSETTS
Defendants/Parties-In-Interest
PRELIMINARY STATEMENT
This is an in rem action brought by the organization of unit owners of a condominium (a)
pursuant to M.G.L. c. 183A, ss. 6(a) and 6(c) and c. 254, ss. 5 and 5A, to establish and
enforce a lien for unpaid common expenses. This action further seeks a determination of
the priority of the unit owner organization’s lien under M.G.L. c. 183A, s. 6(c).
PARTIES
The Plaintiffs, the Trustees of the Heron Pond Condominium Trust (hereinafter referred
to as the “Organization of Unit Owners”), are the duly elected/appointed members of the
governing body of the Heron Pond Condominium Trust under a Declaration: of Trust
recorded with the Middlesex County (Southern District) Registry of Deeds (hereinafter
referred to as “Registry of Deeds”), which Organization of Unit Owners is the
organization of unit owners of the Heron Pond Condominium, a condominium
established by Master Deed dated August 23, 1999, and recorded with the Registry of
Date Filed 5/30/2024 2:20 PM
Superior Court - Middlesex
Docket Number
Deeds in Book 30644, Page 1, (hereinafter referred to as the “Condominium”). The
Condominium is located at 410-414 Salem Street, Wakefield, Middlesex County,
Massachusetts. The Plaintiffs bring this action pursuant to their powers in the said
Declaration of Trust of the Condominium and under M.G.L. c. 183A, §10(b)(4)
contained. Additionally, they bring this action on behalf of all other parties in interest
pursuant to M.G.L. c. 254, §5.
The Defendant, Jennifer Missett, (hereinafter referred to as the “Defendant”) is the record
owner of Unit 805 at the Condominium (hereinafter referred to as the “Unit”), pursuant to
a Unit Deed dated January 17, 2023 and recorded with the Registry of Deeds in Book
81197, Page 328. The Defendant maintains an address of 410 Salem Street, Unit 805,
Wakefield, Massachusetts 01880.
The Defendant/Party-In-Interest, Eastern Bank, as Successor to Wainwright Bank &
Trust Company, (hereinafter referred to as the “First Mortgagee”), has a place of business
at 265 Franklin Street, Boston, Massachusetts 02110, and is the holder of both a first and
second mortgage of record upon the Unit both dated November 1, 2007 and recorded
with the Registry of Deeds in Book 50310, Page 172 and in Book 50310, Page 186.
The Defendant/Party-In-Interest, Massachusetts Housing Partnership Fund Board, has a
place of business at 160 Federal Street, 2"4 Floor, Boston, Massachusetts 02110, and is
the holder of a mortgage of record dated November 2, 2007 and recorded with the
Registry of Deeds in Book 50310, Page 195.
The Defendant/Party-In-Interest, Town of Wakefield — Board of Selectmen, has a place
of business at One Lafayette Street, Wakefield, Massachusetts 01880 and is the holder of
certain rights related to the Unit pursuant to a Deed Rider attached to said Unit Deed.
The Defendant/Party-In-Interest, Commonwealth of Massachusetts, Executive Office of
Housing and Livable Communities, has a place of business at 100 Cambridge Street, 3
Floor, Boston, Massachusetts 02114, ATTN: LIP Director, and is the holder of certain
rights related to the Unit pursuant to a Deed Rider attached to said Unit Deed.
Date Filed 5/30/2024 2:20 PM
Superior Court - Middlesex
Docket Number
FACTS
Pursuant to M.G.L. c. 183A, s. 6, and the applicable provisions of the Condominium’s
documents, there is a lien against the Unit in the amount of $3,642.07 (hereinafter
“common expenses”).
Pursuant to M.G.L. c. 183A, s. 6(a) the lien includes attorney’s fees and costs incurred by
the Plaintiff in pursuing this matter in accordance with said provisions.
10. Pursuant to M.G.L. c. 183A, s. 6(c), the Plaintiffs did give the Defendant notice by
certified and first class mail.
il Pursuant to M.G.L. c. 183A, s. 6(c), the Plaintiffs did give notice to the First Mortgagee,
by certified and first class mail, of their intent to file this action.
CAUSES OF ACTION
COUNT I - AGAINST THE UNIT
12. Pursuant to the provisions of M.G.L. c. 183A, ss. 6(a) and 6(c), the amount due as
aforesaid, and as such attorney’s fees and costs may additionally accrue hereafter,
constitute a lien upon the Unit.
COUNT II - ESTABLISHING THE PRIORITY OF THE LIEN
13, Pursuant to the provisions of M.G.L. c. 183A, s. 6(c), the lien on the Unit has priority
over all other liens and encumbrances except (a) liens and encumbrances recorded prior
to the recording of the aforesaid Master Deed, (b) liens for real estate taxes and other
municipal assessments or charges, and (c) any first mortgage of record; provided,
however, that as to the first mortgage of record the Plaintiffs’ lien is prior thereto to the
extent of monthly common expense assessments which became due during the six
months prior to the institution of this action plus all attorneys’ fees and collection costs
incurred by the Plaintiffs in the enforcement thereof.
PRAYER
WHEREFORE the Plaintiffs pray that this Honorable Court:
Declare that there is a lien upon the Unit in the amount as may be found.
Date Filed 5/30/2024 2:20 PM
Superior Court - Middlesex
Docket Number
Declare that the lien is entitled to the priority as provided for by law.
Order the sale of the Unit to satisfy, in whole or in part, the declared lien.
Grant possession of the Unit as a part of said sale.
Grant such other relief as may be just and proper.
Respectfully submitted,
TRUSTEES OF THE HERON POND
CONDOMINIUM TRUST,
By their attorneys,
GE
Mark S. Einhorn, Esquire
Marcus, Errico, Emmer & Brooks, P.C.
BBO #655874
45 Braintree Hill Office Park, Suite 107
Dated: May 30, 2024
This law firm is only acting to enforce a statutory lien against your Unit. However, if the
Fair Debt Collection Practices Act applies then the following notice is required to be given:
NOTICE
THE LAW FIRM OF MARCUS, ERRICO, EMMER & BROOKS, P.C. IS A DEBT
COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
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Date Filed 5/30/2024 2:20 PM ‘Superior Court - Middlesex Docket Number COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. MIDDLESEX SUPERIOR COURT CIVIL ACTION NO. » DUB\CON34 TRUSTEES OF THE HERON POND CONDOMINIUM TRUST, Plaintiffs vs. JENNIFER MISSETT Defendant and COMPLAINT EASTERN BANK, AS SUCCESSOR TO WAINWRIGHT BANK & TRUST COMPANY; MASSACHUSETTS HOUSING PARTNERSHIP FUND BOARD; TOWN OF WAKEFIELD , 5/30/2024 MG RECEIVED BOARD OF SELECTMEN; and COMMONWEALTH OF MASSACHUSETTS Defendants/Parties-In-Interest PRELIMINARY STATEMENT This is an in rem action brought by the organization of unit owners of a condominium (a) pursuant to M.G.L. c. 183A, ss. 6(a) and 6(c) and c. 254, ss. 5 and 5A, to establish and enforce a lien for unpaid common expenses. This action further seeks a determination of the priority of the unit owner organization’s lien under M.G.L. c. 183A, s. 6(c). PARTIES The Plaintiffs, the Trustees of the Heron Pond Condominium Trust (hereinafter referred to as the “Organization of Unit Owners”), are the duly elected/appointed members of the governing body of the Heron Pond Condominium Trust under a Declaration: of Trust recorded with the Middlesex County (Southern District) Registry of Deeds (hereinafter referred to as “Registry of Deeds”), which Organization of Unit Owners is the organization of unit owners of the Heron Pond Condominium, a condominium established by Master Deed dated August 23, 1999, and recorded with the Registry of Date Filed 5/30/2024 2:20 PM Superior Court - Middlesex Docket Number Deeds in Book 30644, Page 1, (hereinafter referred to as the “Condominium”). The Condominium is located at 410-414 Salem Street, Wakefield, Middlesex County, Massachusetts. The Plaintiffs bring this action pursuant to their powers in the said Declaration of Trust of the Condominium and under M.G.L. c. 183A, §10(b)(4) contained. Additionally, they bring this action on behalf of all other parties in interest pursuant to M.G.L. c. 254, §5. The Defendant, Jennifer Missett, (hereinafter referred to as the “Defendant”) is the record owner of Unit 805 at the Condominium (hereinafter referred to as the “Unit”), pursuant to a Unit Deed dated January 17, 2023 and recorded with the Registry of Deeds in Book 81197, Page 328. The Defendant maintains an address of 410 Salem Street, Unit 805, Wakefield, Massachusetts 01880. The Defendant/Party-In-Interest, Eastern Bank, as Successor to Wainwright Bank & Trust Company, (hereinafter referred to as the “First Mortgagee”), has a place of business at 265 Franklin Street, Boston, Massachusetts 02110, and is the holder of both a first and second mortgage of record upon the Unit both dated November 1, 2007 and recorded with the Registry of Deeds in Book 50310, Page 172 and in Book 50310, Page 186. The Defendant/Party-In-Interest, Massachusetts Housing Partnership Fund Board, has a place of business at 160 Federal Street, 2"4 Floor, Boston, Massachusetts 02110, and is the holder of a mortgage of record dated November 2, 2007 and recorded with the Registry of Deeds in Book 50310, Page 195. The Defendant/Party-In-Interest, Town of Wakefield — Board of Selectmen, has a place of business at One Lafayette Street, Wakefield, Massachusetts 01880 and is the holder of certain rights related to the Unit pursuant to a Deed Rider attached to said Unit Deed. The Defendant/Party-In-Interest, Commonwealth of Massachusetts, Executive Office of Housing and Livable Communities, has a place of business at 100 Cambridge Street, 3 Floor, Boston, Massachusetts 02114, ATTN: LIP Director, and is the holder of certain rights related to the Unit pursuant to a Deed Rider attached to said Unit Deed. Date Filed 5/30/2024 2:20 PM Superior Court - Middlesex Docket Number FACTS Pursuant to M.G.L. c. 183A, s. 6, and the applicable provisions of the Condominium’s documents, there is a lien against the Unit in the amount of $3,642.07 (hereinafter “common expenses”). Pursuant to M.G.L. c. 183A, s. 6(a) the lien includes attorney’s fees and costs incurred by the Plaintiff in pursuing this matter in accordance with said provisions. 10. Pursuant to M.G.L. c. 183A, s. 6(c), the Plaintiffs did give the Defendant notice by certified and first class mail. il Pursuant to M.G.L. c. 183A, s. 6(c), the Plaintiffs did give notice to the First Mortgagee, by certified and first class mail, of their intent to file this action. CAUSES OF ACTION COUNT I - AGAINST THE UNIT 12. Pursuant to the provisions of M.G.L. c. 183A, ss. 6(a) and 6(c), the amount due as aforesaid, and as such attorney’s fees and costs may additionally accrue hereafter, constitute a lien upon the Unit. COUNT II - ESTABLISHING THE PRIORITY OF THE LIEN 13, Pursuant to the provisions of M.G.L. c. 183A, s. 6(c), the lien on the Unit has priority over all other liens and encumbrances except (a) liens and encumbrances recorded prior to the recording of the aforesaid Master Deed, (b) liens for real estate taxes and other municipal assessments or charges, and (c) any first mortgage of record; provided, however, that as to the first mortgage of record the Plaintiffs’ lien is prior thereto to the extent of monthly common expense assessments which became due during the six months prior to the institution of this action plus all attorneys’ fees and collection costs incurred by the Plaintiffs in the enforcement thereof. PRAYER WHEREFORE the Plaintiffs pray that this Honorable Court: Declare that there is a lien upon the Unit in the amount as may be found. Date Filed 5/30/2024 2:20 PM Superior Court - Middlesex Docket Number Declare that the lien is entitled to the priority as provided for by law. Order the sale of the Unit to satisfy, in whole or in part, the declared lien. Grant possession of the Unit as a part of said sale. Grant such other relief as may be just and proper. Respectfully submitted, TRUSTEES OF THE HERON POND CONDOMINIUM TRUST, By their attorneys, GE Mark S. Einhorn, Esquire Marcus, Errico, Emmer & Brooks, P.C. BBO #655874 45 Braintree Hill Office Park, Suite 107 Dated: May 30, 2024 This law firm is only acting to enforce a statutory lien against your Unit. However, if the Fair Debt Collection Practices Act applies then the following notice is required to be given: NOTICE THE LAW FIRM OF MARCUS, ERRICO, EMMER & BROOKS, P.C. IS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.