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COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.
) i5- 2027
TRUSTEES OF THE VILLAGE AT MINNA )
TERRACE CONDOMINIUM TRUST, )
Plaintiffs )
)
vs. )
) COMPLAINT
FEDERAL NATIONAL MORTGAGE ) ETT Fy
ASSOCIATION, ) AY Teg tA ¥)
Defendant ) - .
) DEC 29 205
ATTEST;
PRELIMINARY STATEMENT LPs, o
LERK
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. c. 183A,
s. 6(c).
PARTIES
2. The Plaintiffs, the Trustees of the Village at Minna Terrace Condominium Trust
(hereinafter referred to as the “Organization of Unit Owners”), are the duly
elected/appointed membérs of the governing body of the Village at Minna Terrace
Condominium Trust under a Declaration of Trust dated September 20, 2005, and
recorded with the Worcester County South Registry of Deeds (hereinafter referred to as
“Registry of Deeds”) in Book 37354, Page 159, which Organization of Unit Owners is
the organization of unit owners of the Village at Minna Terrace Condominium, a
condominium established by Master Deed dated September 20, 2005, and recorded with
the Registry of Deeds in Book 37354, Page 139, (hereinafter referred to as the
“Condominium”). The Condominium is located in Shrewsbury, Worcester County,
Massachusetts. The Plaintiffs bring this action pursuant to their powers in the saidDeclaration of Trust of the Condominium and/or in M.G.L, c. 183A, s. 10(b)(4).
Additionally, they bring this action on behalf of all other parties in interest pursuant to
M.G.L. ¢. 254, s. 5.
3. The Defendant, Federal National Mortgage Association, (hereinafter referred to as
the “Defendant”) is the record owner of Unit #40 a/k/a 9, 9 Afra Drive, Shrewsbury, MA
01545, at the Condominium (hereinafter referred to as the “Unit”), pursuant to a
Foreclosure Deed dated August 6, 2012, and recorded with the Registry of Deeds in Book
49890, Page 44. The Defendant maintains an address of PO Box 650043, Dallas, TX
75265. ,
FACTS
4. 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
$3,090.00 (hereinafter “common expenses”).
5. 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.
6. Pursuant to M.G.L. c. 183A, s. 6(c), the Plaintiffs did give the Defendant notice
by certified and first class mail.
CAUSES OF ACTION
COUNT I - AGAINST THE UNIT
7. Pursuant to the provisions of MGL. 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
8. 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 and (b) liens for real estate
taxes and other municipal assessments or charges.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 relief as may be just and proper.
Respectfully submitted,
TRUSTEES OF THE VILLAGE AT MINNA
TERRACE CONDOMINIUM TRUST,
By their attorneys,
MARCUS, ERRICO, EMMER
& BROOKS, P.C.
[~~
Richard E. Brooks, Esq.
BBO #545328
45 Braintree Hill Office Park, Suite 107
Braintree, MA 02184
(781) 843-5000
rbrooks@meeb.com
DATED: December 15, 2015
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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COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. ) i5- 2027 TRUSTEES OF THE VILLAGE AT MINNA ) TERRACE CONDOMINIUM TRUST, ) Plaintiffs ) ) vs. ) ) COMPLAINT FEDERAL NATIONAL MORTGAGE ) ETT Fy ASSOCIATION, ) AY Teg tA ¥) Defendant ) - . ) DEC 29 205 ATTEST; PRELIMINARY STATEMENT LPs, o LERK 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. c. 183A, s. 6(c). PARTIES 2. The Plaintiffs, the Trustees of the Village at Minna Terrace Condominium Trust (hereinafter referred to as the “Organization of Unit Owners”), are the duly elected/appointed membérs of the governing body of the Village at Minna Terrace Condominium Trust under a Declaration of Trust dated September 20, 2005, and recorded with the Worcester County South Registry of Deeds (hereinafter referred to as “Registry of Deeds”) in Book 37354, Page 159, which Organization of Unit Owners is the organization of unit owners of the Village at Minna Terrace Condominium, a condominium established by Master Deed dated September 20, 2005, and recorded with the Registry of Deeds in Book 37354, Page 139, (hereinafter referred to as the “Condominium”). The Condominium is located in Shrewsbury, Worcester County, Massachusetts. The Plaintiffs bring this action pursuant to their powers in the saidDeclaration of Trust of the Condominium and/or in M.G.L, c. 183A, s. 10(b)(4). Additionally, they bring this action on behalf of all other parties in interest pursuant to M.G.L. ¢. 254, s. 5. 3. The Defendant, Federal National Mortgage Association, (hereinafter referred to as the “Defendant”) is the record owner of Unit #40 a/k/a 9, 9 Afra Drive, Shrewsbury, MA 01545, at the Condominium (hereinafter referred to as the “Unit”), pursuant to a Foreclosure Deed dated August 6, 2012, and recorded with the Registry of Deeds in Book 49890, Page 44. The Defendant maintains an address of PO Box 650043, Dallas, TX 75265. , FACTS 4. 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 $3,090.00 (hereinafter “common expenses”). 5. 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. 6. Pursuant to M.G.L. c. 183A, s. 6(c), the Plaintiffs did give the Defendant notice by certified and first class mail. CAUSES OF ACTION COUNT I - AGAINST THE UNIT 7. Pursuant to the provisions of MGL. 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 8. 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 and (b) liens for real estate taxes and other municipal assessments or charges.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 relief as may be just and proper. Respectfully submitted, TRUSTEES OF THE VILLAGE AT MINNA TERRACE CONDOMINIUM TRUST, By their attorneys, MARCUS, ERRICO, EMMER & BROOKS, P.C. [~~ Richard E. Brooks, Esq. BBO #545328 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 (781) 843-5000 rbrooks@meeb.com DATED: December 15, 2015 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.