Preview
COMMONWEALTH OF MASSACHUSETTS
BRISTOL, SS. BRISTOL SUPERIOR COURT
DOCKETNO. ({VZCV COAG A
)
TRUSTEES OF THE EASTON CROSSING )
CONDOMINIUM TRUST, )
Plaintiffs )
)
v. )
)
SYRETTA K. ESSEX ) COMPLAINT
Defendant )
) BRISTOL, SS SUPERIOR COURT
and ) FILED
)
MORTGAGE ELECTRONIC J NOV 45 2017
REGISTRATION SYTEMS, INC and | ) MARC J. SANTOS. ESO.
SECRETARY OF HOUSING AND URBAN ) CLERK/MAGISTRATE
DEVELOPMENT )
Defendant/Party-In-Interest )
)
PRELIMINARY STATEMENT
1. 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. ¢. 183A, s. 6(c).
PARTIES
2. The Plaintiffs, the Trustees of the Easton Crossing Condominium Trust (hereinafier
referred to as the “Organization of Unit Owners”), are the duly elected/appointed members of the
1governing body of the Easton Crossing Condominium Trust under a Declaration of Trust dated
September 13, 2005 and recorded with the Bristol County Northern Registry of Deeds in Book
15183, Page 244, which is the organization of unit owners of the Easton Crossing Condominium,
a condominium established by Master Deed dated September 13, 2005 and recorded with the
Bristol County Northern Registry of Deeds in Book 15183, Page 192 (hereinafter referred to as
the “Condominium’). The Condominium is located in Easton, Bristol County, Massachusetts.
The Plaintiffs bring this action pursuant to their powers in the said Declaration of Trust of the
Condominium and/or in M.G.L. ¢. 183A, s. 10(b)(4). Additionally, they bring this action on
behalf of all other parties in interest pursuant to M.G.L. c. 254, s. 5.
3. The Defendant, Syretta K. Essex (hereinafter referred to as the “Defendant”) is the record
title owner of Unit 8, Building 23 at the Condominium (hereinafter referred to as the “Unit”),
pursuant to a Unit Deed dated September 24, 2014, filed with the Bristol Northern County
Registry of Deeds in Book 21897, Page 218. The address of the Unit is Unit 8, 8 Nancy Road,
Easton, Massachusetts 02375. The Defendant maintains an address at 8 Nancy Road, Unit 8,
Easton, Massachusetts, 02375.
4, The Defendant/Party-In-Interest, Mortgage Electronic Registration Systems, Inc.,
(hereinafter referred to,as the “First Mortgagee”) c/o CT Corporation System, 155 Federal Street,
Suite 700, Boston, MA 02110, and is the holder of a mortgage of record upon the Unit dated
September 24, 2014, and recorded with the Registry of Deeds in Book 21897, Page 222.
5. The Defendant/Party-In-Interest, Secretary of Housing and Urban Development,
(hereinafter referred to as the “First Mortgagee”) has a place of business at 451 Seventh Street,
S.W., Washington, DC 10410, and is the holder of mortgages of record upon the Unit dated
November 29, 2016, and recorded with the Registry of Deeds in Book 23488, Page 259.FACTS
6. 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 $4,201.50 (hereinafter “common
expenses”).
7. 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.
8. Pursuant to M.G.L. c. 183A, s. 6(c), the Plaintiffs did give the Defendants notice by
certified and first class mail.
9, 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
10. 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 I - ESTABLISHING THE PRIORITY OF THE LIEN
11. Pursuant to the provisions of M.G.L. c. 183A, s. 6(c), the lien on the Unit has priority
over al! 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:
1. Declare that there is a lien upon the Unit in the amount as may be found.
2. Declare that the lien is entitled to the priority as provided for by law.
3. Order the sale of the Unit to satisfy, in whole or in part, the declared lien.
4. Grant possession of the Unit as a part of said sale.
5. Grant such other relicf as may be just and proper.
Dated: November 10, 2017
Respectfully submitted,
TRUSTEES OF EASTON CROSSING’
CONDOMINIUM TRUST,
By their attorneys,
MARCUS, ERRICO, EMMER.
& BROOKS, P.C.
a
Mar/3"Finhorn, Esquire
BBOW655874
45 Braintree Hill Office Park, Suite 107
Braintree, Massachusetts 02184
(781) 843-5000
meinhorn@meeb.com
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.
Preview
COMMONWEALTH OF MASSACHUSETTS BRISTOL, SS. BRISTOL SUPERIOR COURT DOCKETNO. ({VZCV COAG A ) TRUSTEES OF THE EASTON CROSSING ) CONDOMINIUM TRUST, ) Plaintiffs ) ) v. ) ) SYRETTA K. ESSEX ) COMPLAINT Defendant ) ) BRISTOL, SS SUPERIOR COURT and ) FILED ) MORTGAGE ELECTRONIC J NOV 45 2017 REGISTRATION SYTEMS, INC and | ) MARC J. SANTOS. ESO. SECRETARY OF HOUSING AND URBAN ) CLERK/MAGISTRATE DEVELOPMENT ) Defendant/Party-In-Interest ) ) PRELIMINARY STATEMENT 1. 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. ¢. 183A, s. 6(c). PARTIES 2. The Plaintiffs, the Trustees of the Easton Crossing Condominium Trust (hereinafier referred to as the “Organization of Unit Owners”), are the duly elected/appointed members of the 1governing body of the Easton Crossing Condominium Trust under a Declaration of Trust dated September 13, 2005 and recorded with the Bristol County Northern Registry of Deeds in Book 15183, Page 244, which is the organization of unit owners of the Easton Crossing Condominium, a condominium established by Master Deed dated September 13, 2005 and recorded with the Bristol County Northern Registry of Deeds in Book 15183, Page 192 (hereinafter referred to as the “Condominium’). The Condominium is located in Easton, Bristol County, Massachusetts. The Plaintiffs bring this action pursuant to their powers in the said Declaration of Trust of the Condominium and/or in M.G.L. ¢. 183A, s. 10(b)(4). Additionally, they bring this action on behalf of all other parties in interest pursuant to M.G.L. c. 254, s. 5. 3. The Defendant, Syretta K. Essex (hereinafter referred to as the “Defendant”) is the record title owner of Unit 8, Building 23 at the Condominium (hereinafter referred to as the “Unit”), pursuant to a Unit Deed dated September 24, 2014, filed with the Bristol Northern County Registry of Deeds in Book 21897, Page 218. The address of the Unit is Unit 8, 8 Nancy Road, Easton, Massachusetts 02375. The Defendant maintains an address at 8 Nancy Road, Unit 8, Easton, Massachusetts, 02375. 4, The Defendant/Party-In-Interest, Mortgage Electronic Registration Systems, Inc., (hereinafter referred to,as the “First Mortgagee”) c/o CT Corporation System, 155 Federal Street, Suite 700, Boston, MA 02110, and is the holder of a mortgage of record upon the Unit dated September 24, 2014, and recorded with the Registry of Deeds in Book 21897, Page 222. 5. The Defendant/Party-In-Interest, Secretary of Housing and Urban Development, (hereinafter referred to as the “First Mortgagee”) has a place of business at 451 Seventh Street, S.W., Washington, DC 10410, and is the holder of mortgages of record upon the Unit dated November 29, 2016, and recorded with the Registry of Deeds in Book 23488, Page 259.FACTS 6. 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 $4,201.50 (hereinafter “common expenses”). 7. 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. 8. Pursuant to M.G.L. c. 183A, s. 6(c), the Plaintiffs did give the Defendants notice by certified and first class mail. 9, 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 10. 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 I - ESTABLISHING THE PRIORITY OF THE LIEN 11. Pursuant to the provisions of M.G.L. c. 183A, s. 6(c), the lien on the Unit has priority over al! 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: 1. Declare that there is a lien upon the Unit in the amount as may be found. 2. Declare that the lien is entitled to the priority as provided for by law. 3. Order the sale of the Unit to satisfy, in whole or in part, the declared lien. 4. Grant possession of the Unit as a part of said sale. 5. Grant such other relicf as may be just and proper. Dated: November 10, 2017 Respectfully submitted, TRUSTEES OF EASTON CROSSING’ CONDOMINIUM TRUST, By their attorneys, MARCUS, ERRICO, EMMER. & BROOKS, P.C. a Mar/3"Finhorn, Esquire BBOW655874 45 Braintree Hill Office Park, Suite 107 Braintree, Massachusetts 02184 (781) 843-5000 meinhorn@meeb.com 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.