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COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. MIDDLESEX SUPERIOR COURT
CIVIL ACTION NO.
16-3769
HOVEY SQUARE ESTATES CONDOMINIUM ee LE
By Its Board INTH! F |
Plaintiff C {
Vv.
L. CLERK j
THE ESTATE OF PATRICIA COURTNEY-TARRANT eran rat lt
Defendant
And
FEDERAL NATIONAL MORTGAGE ASSOCIATION.
Party-in-Interest
COMPLAINT
IN REM PROCEEDING
PRELIMINARY STATEMENT
1. This is an In Rem action brought by the Plaintiff, as the governing board of the
unit owners organization of a condominium: (a) pursuant to M.G.L. c. 183A, §6(c) on an In Rem
basis against the unit for unpaid common expense assessments; and (b) pursuant to M.G.L. c.
183A, §6(a) and §6(c) and M.G.L. c. 254, §5 and §5A, to establish and enforce a lien for unpaid
common expense assessments. This action further seeks a determination of the priority of the
Plaintiff's lien pursuant to M.G.L. c. 183A, §6(c).
JURISDICTION
2. This Honorable Court has jurisdiction over this matter pursuant to the express
terms of M.G.L. c. 254, §5 and the decision in Residences at Cape Ann Heights Condominium v.
Brian Halupowski, No. 2012-P-1689 (MA Appeals Court February 21, 2013).PARTIES
3. The Governing Board of the Hovey Square Estates Condominium (hereinafter
Plaintiff”), are the duly elected/appointed members of the governing body of the Hovey Square
Estates Condominium created by constituent documents recorded with the Middlesex Registry of
Deeds. The Hovey Square Estates Condominium is located in Dracut, Middlesex County,
Massachusetts. Said Condominium was created by Master Deed dated April 22, 1988 and
recorded with the Middlesex County Registry of Deeds in Book 4481, Page 223. Plaintiff's
mailing address is c/o Riney Management, Inc., 14-16 Fletcher Street, #, Chelmsford, MA
01824. Plaintiff is the unit owners association organized pursuant to M.G.L. c. 183A. Plaintiff
brings this action pursuant to their powers in the constituent documents of the Condominium
and/or as contained in M.G.L. c. 183A, §10(b)(4). Plaintiff also brings this action on behalf of
all other parties in interest pursuant to M.G.L. c. 254, §5.
4. The Defendant, The Estate of Patricia Courtney-Tarrant (hereinafter collectively
referred to as the “Defendant”) are the record owner(s) of 51 Tobey Road, Unit 41, located at the
Hovey Square Estates Condominium (hereinafter “Unit”), pursuant to a Deed dated April 16,
1997 and recorded with the Middlesex County Registry of Deeds in Book 8833, Page 221. The
Defendant maintains an address of 51 Tobey Road, Unit 41, Dracut, MA 01826.
5. The Party-In-Interest, Federal National Mortgage Association maintaining a
business address of 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254, is the holder of a first
mortgage of record upon the Unit dated August 21, 2003, and recorded with the Middlesex
Registry of Deeds in Book 16062, Page 128, held by Assignment of Mortgage dated October 8,
2013 and recorded with the Middlesex Registry of Deeds in Book 27763, Page 204.FACTS
6. Pursuant to M.G.L. C. 183A, §6(a) and §6(c) Plaintiff has an automatic, statutory
lien against the Unit for common expense assessments from the time such assessments become
due.
7. Pursuant to M.G.L. c. 183A, §6(c), Plaintiff's lien shall be enforced in the manner
provided in M.G.L. c. 254, §5 and §5A.
8. Pursuant to M.G.L. c. 254, §5A, when the Court determines the amount of the
Plaintiff's lien, it shall enter an order authorizing the sale of the real estate to satisfy the lien.
9. Pursuant to M.G.L. c. 183A, §6, and the applicable provisions of the Plaintiff's
constituent documents and records, there is a lien against the Unit in the amount of $2,035.00 for
assessments, including but not limited to, those levied between the months of July, 2016 and
December, 2016, exclusive of attorney’s fees and costs associated with lien enforcement.
10. Pursuant to M.G.L. c. 183A, §6(a) and §6(c) the Plaintiff's lien shall include
attorney’s fees and costs incurred by the Plaintiff in pursuing this matter.
11. - Pursuant to M.G.L. c. 183A, §6(c), the Plaintiff did give the Defendant notice by
certified and first class mail.
CAUSES OF ACTION
COUNT I - AGAINST THE UNIT
12. Plaintiff repeats and realleges the statements set forth in the paragraphs above as
if fully set forth herein and incorporates the same herein by reference.
13. Pursuant to the provisions of M.G.L. c. 183A, §6(a) and §6(c), the amount due as
set forth above plus Plaintiff's attorney’s fees and costs in this matter constitute a lien upon the
Unit.14, Pursuant to M.G.L. c. 254, §5A, when the Court determines the amount of the
Plaintiff's lien, it shall enter an order authorizing the sale of the real estate to satisfy the lien.
COUNT II - ESTABLISHING THE PRIORITY OF THE LIEN
15. Plaintiff repeats and realleges the statements set forth in the paragraphs above as
if fully set forth herein and incorporates the same herein by reference.
16. Pursuant to the provisions of M.G.L. c. 183A, §6(c), Plaintiff's 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 (6) months prior to the
institution of this action plus attorneys’ fees and costs incurred by the Plaintiffs in this matter.
17. Based upon the above, that portion of Plaintiff's lien representing the common
expense assessments for the six (6) month period preceding this action plus Plaintiff's attorney’s
fees and costs incurred herein constitute a priority lien.
PRAYER FOR RELIEF
WHEREFORE the Plaintiff prays that this Honorable Court enter an Order:
1. Declaring that there is a lien upon the Unit in an amount established at a hearing;
2. Declaring that the lien is entitled to priority as provided for by law and as set forth
above;
Ordering the sale of the Unit to satisfy, in whole or in part, the lien;
4. Granting possession of the Unit as a part of said sale; and
Granting such other relief as may be in the best interest of justice and judicial
economy.NOTICE
Winer & Bennett, LLP is only acting to enforce a statutory lien against the subject unit.
However, if the Federal Fair Debt Collection Practices Act applies then, to the extent it applies,
the following Notice is required to be given:
If the FDCP Act applies then, to the extent it applies, this firm is acting as a debt collector
for the creditor named above to collect the debt referenced above. Any information obtained will
be used for that purpose.
Hovey Square Estates Condominium
By Its ANY
Dated: December 28, 2016 \ i WW \ Wp
Gary\M. Daddario;Esquire
BBO #639615
Winer & Bennett, LLP
164 Westford Road, Suite 15
Tyngsboro, MA 01879
(978) 226-6129
gdaddario@winerbennett.com
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COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. MIDDLESEX SUPERIOR COURT CIVIL ACTION NO. 16-3769 HOVEY SQUARE ESTATES CONDOMINIUM ee LE By Its Board INTH! F | Plaintiff C { Vv. L. CLERK j THE ESTATE OF PATRICIA COURTNEY-TARRANT eran rat lt Defendant And FEDERAL NATIONAL MORTGAGE ASSOCIATION. Party-in-Interest COMPLAINT IN REM PROCEEDING PRELIMINARY STATEMENT 1. This is an In Rem action brought by the Plaintiff, as the governing board of the unit owners organization of a condominium: (a) pursuant to M.G.L. c. 183A, §6(c) on an In Rem basis against the unit for unpaid common expense assessments; and (b) pursuant to M.G.L. c. 183A, §6(a) and §6(c) and M.G.L. c. 254, §5 and §5A, to establish and enforce a lien for unpaid common expense assessments. This action further seeks a determination of the priority of the Plaintiff's lien pursuant to M.G.L. c. 183A, §6(c). JURISDICTION 2. This Honorable Court has jurisdiction over this matter pursuant to the express terms of M.G.L. c. 254, §5 and the decision in Residences at Cape Ann Heights Condominium v. Brian Halupowski, No. 2012-P-1689 (MA Appeals Court February 21, 2013).PARTIES 3. The Governing Board of the Hovey Square Estates Condominium (hereinafter Plaintiff”), are the duly elected/appointed members of the governing body of the Hovey Square Estates Condominium created by constituent documents recorded with the Middlesex Registry of Deeds. The Hovey Square Estates Condominium is located in Dracut, Middlesex County, Massachusetts. Said Condominium was created by Master Deed dated April 22, 1988 and recorded with the Middlesex County Registry of Deeds in Book 4481, Page 223. Plaintiff's mailing address is c/o Riney Management, Inc., 14-16 Fletcher Street, #, Chelmsford, MA 01824. Plaintiff is the unit owners association organized pursuant to M.G.L. c. 183A. Plaintiff brings this action pursuant to their powers in the constituent documents of the Condominium and/or as contained in M.G.L. c. 183A, §10(b)(4). Plaintiff also brings this action on behalf of all other parties in interest pursuant to M.G.L. c. 254, §5. 4. The Defendant, The Estate of Patricia Courtney-Tarrant (hereinafter collectively referred to as the “Defendant”) are the record owner(s) of 51 Tobey Road, Unit 41, located at the Hovey Square Estates Condominium (hereinafter “Unit”), pursuant to a Deed dated April 16, 1997 and recorded with the Middlesex County Registry of Deeds in Book 8833, Page 221. The Defendant maintains an address of 51 Tobey Road, Unit 41, Dracut, MA 01826. 5. The Party-In-Interest, Federal National Mortgage Association maintaining a business address of 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254, is the holder of a first mortgage of record upon the Unit dated August 21, 2003, and recorded with the Middlesex Registry of Deeds in Book 16062, Page 128, held by Assignment of Mortgage dated October 8, 2013 and recorded with the Middlesex Registry of Deeds in Book 27763, Page 204.FACTS 6. Pursuant to M.G.L. C. 183A, §6(a) and §6(c) Plaintiff has an automatic, statutory lien against the Unit for common expense assessments from the time such assessments become due. 7. Pursuant to M.G.L. c. 183A, §6(c), Plaintiff's lien shall be enforced in the manner provided in M.G.L. c. 254, §5 and §5A. 8. Pursuant to M.G.L. c. 254, §5A, when the Court determines the amount of the Plaintiff's lien, it shall enter an order authorizing the sale of the real estate to satisfy the lien. 9. Pursuant to M.G.L. c. 183A, §6, and the applicable provisions of the Plaintiff's constituent documents and records, there is a lien against the Unit in the amount of $2,035.00 for assessments, including but not limited to, those levied between the months of July, 2016 and December, 2016, exclusive of attorney’s fees and costs associated with lien enforcement. 10. Pursuant to M.G.L. c. 183A, §6(a) and §6(c) the Plaintiff's lien shall include attorney’s fees and costs incurred by the Plaintiff in pursuing this matter. 11. - Pursuant to M.G.L. c. 183A, §6(c), the Plaintiff did give the Defendant notice by certified and first class mail. CAUSES OF ACTION COUNT I - AGAINST THE UNIT 12. Plaintiff repeats and realleges the statements set forth in the paragraphs above as if fully set forth herein and incorporates the same herein by reference. 13. Pursuant to the provisions of M.G.L. c. 183A, §6(a) and §6(c), the amount due as set forth above plus Plaintiff's attorney’s fees and costs in this matter constitute a lien upon the Unit.14, Pursuant to M.G.L. c. 254, §5A, when the Court determines the amount of the Plaintiff's lien, it shall enter an order authorizing the sale of the real estate to satisfy the lien. COUNT II - ESTABLISHING THE PRIORITY OF THE LIEN 15. Plaintiff repeats and realleges the statements set forth in the paragraphs above as if fully set forth herein and incorporates the same herein by reference. 16. Pursuant to the provisions of M.G.L. c. 183A, §6(c), Plaintiff's 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 (6) months prior to the institution of this action plus attorneys’ fees and costs incurred by the Plaintiffs in this matter. 17. Based upon the above, that portion of Plaintiff's lien representing the common expense assessments for the six (6) month period preceding this action plus Plaintiff's attorney’s fees and costs incurred herein constitute a priority lien. PRAYER FOR RELIEF WHEREFORE the Plaintiff prays that this Honorable Court enter an Order: 1. Declaring that there is a lien upon the Unit in an amount established at a hearing; 2. Declaring that the lien is entitled to priority as provided for by law and as set forth above; Ordering the sale of the Unit to satisfy, in whole or in part, the lien; 4. Granting possession of the Unit as a part of said sale; and Granting such other relief as may be in the best interest of justice and judicial economy.NOTICE Winer & Bennett, LLP is only acting to enforce a statutory lien against the subject unit. However, if the Federal Fair Debt Collection Practices Act applies then, to the extent it applies, the following Notice is required to be given: If the FDCP Act applies then, to the extent it applies, this firm is acting as a debt collector for the creditor named above to collect the debt referenced above. Any information obtained will be used for that purpose. Hovey Square Estates Condominium By Its ANY Dated: December 28, 2016 \ i WW \ Wp Gary\M. Daddario;Esquire BBO #639615 Winer & Bennett, LLP 164 Westford Road, Suite 15 Tyngsboro, MA 01879 (978) 226-6129 gdaddario@winerbennett.com