On September 07, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Nationstar Mortgage Llc,
U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The Rmac Trust, Series 2016-Ctt,,
and
Beane, Gary C.,
Beane, Kara Lynn,
Monnick Supply Company,
for Real Property
in the District Court of Middlesex County.
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[2 d-
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT DEPARTMENT |
CIVIL ACTION NO. 17-2658
1
NATIONSTAR MORTGAGE LLC, )
) —_—ap i
Plaintifé, i t IED. ve : |
v. ) CER at OF or MOLES '
) | OT UG 2 4 2018
GARY C. BEANE, KARA LYNN BEANE, ) A i
and MONNICK SUPPLY COMPANY, ) A tec
INC., a/k/a MONNICK SUPPLY ) K a
) (_L SEE =
Defendants. ) .
MOTION TO AMEND TO SUBSTITUTE NAMED PLAINTIFF AND AMEND 1
DEFAULT JUDGMENT ISSUED BY THE COURT TO SUBSTITUTE SUCCESSOR IN
INTEREST AND NEW HOLDER OF THE MORTGAGE AT ISSUE
Pursuant to Rules 15 and 61 of the Massachusetts Rules of Civil Procedure, Plaintiff
Nationstar Mortgage, LLC (“Nationstar”) and third-party U.S. Bank National Association, Not in
Its Individual Capacity, But Solely as Trustee for the RMAC Trust, Series 2016-CTT CUS.
Bank”), respectfully request that the Court (1) substitute U.S. Bank as named plaintiff because it
is the successor-in-interest to Nationstar and the current holder of the mortgage at issue pursuant
to a recorded assignment; and (2) modify the default judgment issued in this matter to reflect
U.S. Bank as the named plaintiff.
As set forth in further detail below, this is an action to quiet title and reform a mortgage.
At the March 5, 2018 hearing on Nationstar’s Motion for Default Judgment, this Court (Kern, J.)
granted the motion. On or about March 6, 2018, the Clerk’s Office issued a Clerk’s Notice |
reflecting the endorsement on the motion as “Allowed.” Despite this, undersigned counsel did |
not receive the actual Judgment issued by the Court until over three months ater on or about
June 12, 2018.
Yariv Fo he Hexsens lated, tobi Auakd. Hs Paak
Nakina iassacichim , NA Ww Ls "Tb vidal Capmcdey fuck ike)
tke c \ Series da ore ) Pe aa
Te iran SENS TUOe Sided emonded ee at.
Document Filed Date
August 29, 2018
Case Filing Date
September 07, 2017
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[2 d- COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SUPERIOR COURT DEPARTMENT | CIVIL ACTION NO. 17-2658 1 NATIONSTAR MORTGAGE LLC, ) ) —_—ap i Plaintifé, i t IED. ve : | v. ) CER at OF or MOLES ' ) | OT UG 2 4 2018 GARY C. BEANE, KARA LYNN BEANE, ) A i and MONNICK SUPPLY COMPANY, ) A tec INC., a/k/a MONNICK SUPPLY ) K a ) (_L SEE = Defendants. ) . MOTION TO AMEND TO SUBSTITUTE NAMED PLAINTIFF AND AMEND 1 DEFAULT JUDGMENT ISSUED BY THE COURT TO SUBSTITUTE SUCCESSOR IN INTEREST AND NEW HOLDER OF THE MORTGAGE AT ISSUE Pursuant to Rules 15 and 61 of the Massachusetts Rules of Civil Procedure, Plaintiff Nationstar Mortgage, LLC (“Nationstar”) and third-party U.S. Bank National Association, Not in Its Individual Capacity, But Solely as Trustee for the RMAC Trust, Series 2016-CTT CUS. Bank”), respectfully request that the Court (1) substitute U.S. Bank as named plaintiff because it is the successor-in-interest to Nationstar and the current holder of the mortgage at issue pursuant to a recorded assignment; and (2) modify the default judgment issued in this matter to reflect U.S. Bank as the named plaintiff. As set forth in further detail below, this is an action to quiet title and reform a mortgage. At the March 5, 2018 hearing on Nationstar’s Motion for Default Judgment, this Court (Kern, J.) granted the motion. On or about March 6, 2018, the Clerk’s Office issued a Clerk’s Notice | reflecting the endorsement on the motion as “Allowed.” Despite this, undersigned counsel did | not receive the actual Judgment issued by the Court until over three months ater on or about June 12, 2018. Yariv Fo he Hexsens lated, tobi Auakd. Hs Paak Nakina iassacichim , NA Ww Ls "Tb vidal Capmcdey fuck ike) tke c \ Series da ore ) Pe aa Te iran SENS TUOe Sided emonded ee at.