COMMONWEALTH OF MASSACHUSETTS

HAMPDEN, SS. LAND COURT DEPARTMENT

CA. NO.: 18 MISC 000327

)
MARK A. LARACE )
TAMMY L. LARACE )
)
Plaintiffs )
VS. )
)
WELLS FARGO BANK, N.A., AS TRUSTEE )
FOR ABFC 2005-OPTl TRUST, ABFC ASSET- )
BACKED CERTIFICATES, SERIES 2005-OPTl )
AND THE CERTIFICATEHOLDERS THEREOF, )
)
Defendant )
_______________ )

PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE

NOW COMES Plaintiffs' counsel, Glenn F. Russell, Jr. ("Attorney Russell"), by and

through counsel, and responds to this Court's May 17, 2019 Order to Show. Cause.

Four reasons exist why the Court should not find Attorney Russell in violation Mass. R.

Civ. P. 11 ("Rule 11 "). First, Attorney Russell had disclosed the existence of the Third Action and

Rule 1:28 Decision 1 to the Court prior to the August 18, 2018 Case Management Conference (the

"Case Management Conference"). Second, opposing counsel was aware of the Third Action and

Rule 1:28 Decision prior to the Case Management Conference. Third, the 93A claim in this matter

is premised upon different facts than the 93A claim addressed in the Third Action and Rule 1:28

Decision. Fourth, the Rule 1:28 Decision does not bar Plaintiffs' Land Court claims because

insufficient subject matter identity exists between the two matters, and the present claims were

l For consistency, we adopt this Court's shorthand of "Third Action" for the 2014 Hampden Superior Court and
associated Appeals Court matter, and also shorthand of the "Rule 1:28 Decision" to reference the Appeals Court's
decision in LaRace v. Wells Fargo Bank, N.A., Trustee, 92 Mass. App. Ct. 1126(2018).
not "actually litigated." As further grounds why this Court should not find Attorney Russell in

violation of Rule 11, we state as follows:

STANDARD OF REVIEW

Pursuant to Rule 11, an attorney's signature certifies that the attorney has read the pleading,

that to the best of his knowledge, information, and belief there is a good ground to support it, and

that it is not interposed for delay. Mass. R. Civ. P. 11. Sanctions for violating Rule 11 are only

appropriate where an attorney has failed to show a subjective good faith belief that the pleading

was supported in both fact and law. Van Christo Advert., Inc. v. M/A-COM/LCS, 426 Mass. 410,
' '
416 (1998) (emphasis added). Good faith may be shown through an attorney's "absence of design

to defraud or to seek an unconscionable advantage". Id. (citations omitted). A two-part analysis

determines whether counsel's actions violate Rule 1 I. First, counsel's position must have been

meritless, or lacking "good ground to support it." Raymond vs. SM Fin. Servs. Corp., Mass. Land

Ct., No. 11 MISC 453960 GHP (June 23, 2014) citing Tilman v. Brink, 74 Mass. App. Ct. 845,

851 (2009). Second, counsel's position must have been advanced in bad faith. Ravmond citing

Van Christo Advertising. Inc., 426 Mass. at 416-17.

ARGUMENT

I. ATTORNEY RUSSELL HAD DISCLOSED THE EXISTENCE OF THE THIRD

ACTION AND RULE 1:28 DECISION TO THE LAND COURT BEFORE THE
CASE MANAGEMENT CONFERENCE

Attorney Russell disclosed the Third Action, initiated by the 2014 complaint filed in

Hampden County Superior Court, and the existence of the Rule 1 :28 Decision, in the Land Court

complaint, so he did not conceal either the Third Action or the Rule I :28 Decision.

Attorney Russell's Land Court complaint disclosed the salient facts supporting the Third

Action in Hampden County Superior Court and summarized the complex procedural history

2
marking the Third Action in paragraphs 85 through 95 of the Land Court complaint. See, ~ '

Land Court complaint, ,i 85 ("On January 06, 2014, Plaintiffs filed litigation solely related to

damages incurred through the judicially determined failure to have properly conducted the 2008

statutory foreclosure auction sale."). Moreover, under Mass. R. Civ. P. I0(c), a copy of the actual

Hampden County Superior Court Complaint, attached to the Land Court Complaint as Exhibit W,

actually became a part of the Land Court pleadings pursuant to the rule that written exhibits

attached to pleadings become a part of the pleadings "for all purposes." Attorney Russell's Land

Court complaint also disclosed that the Third Action was resolved by the Superior Court's

"allow[ing] the Defendants' Motion to Dismiss based on the expiration of the statute of

limitations ... " which was appealed and affirmed "[o]n February 05, 2018 [when] the Appeals

Court issued a non-precedential 1:28 decision ...." See Land Court comp I. ,i,i 95-96, 105. The

Rule 1:28 Decision was likewise attached to, and therefore incorporated within, the Land Court

complaint. See Land Court comp!. Ex. W.

Furthermore, Attorney Russell included allegations in the Land Court Complaint

explaining the different legal foundation between the instant matter and previous litigation

between the parties. 2 The Land Court complaint explained that it addressed the Plaintiffs' "now

rely[ing] upon a purported March 07, 2012 'assignment' that was never part of any previous

litigation between the parties ... " See Land Court complaint ,i10. The Land Court complaint

further alleged that the "Defendant(s) now further seek to initiate a new and completely distinct

current 2018 wrongful attempt to utilize the non-judicial foreclosure process against the

Plaintiffs ... " Id. ,i 19. Attorney Russell further explained in a series of numbered paragraphs how

the Plaintiffs' most recent claims differed from previous claims as a matter of necessity as a result

2 The Rule 1:28 Decision was solely focused upon the Defendants' 2008 actions. Wells Fargo initiated arr entirely
new statutory procedure in 2018 which is the subject of the instant Land Court action.

3
of intervening Supreme Judicial Court opinions that changed the analysis under G.L. c. 244, §14,

and how the changes contributed to the inapplicability of res judicata since the Plaintiffs never

had the opportunity to litigate Defendants' claim entitlement to utilize the statutory basis for

foreclosure. Id. ,r,r22-26.

Attorney Russell's affirmative disclosure of the Land Court action by attaching the

Superior Court complaint to his Land Court complaint undercuts the argument that he tried to

conceal the Rule 1:28 decision or otherwise acted in bad faith, frustrating one of the two prongs

which must be satisfied to impose Rule 11 discipline. Further, Attorney Russell's affirmative

explanation of how the Land Court action differs from previous litigation between the parties

demonstrates Attorney Russell's subjective basis for believing that the Land Court action was

meritorious, undercutting the other prong of the Rule 11 discipline test that a position be meritless

or lacked good ground.

II. OPPOSING COUNSEL WAS AWARE OF THE RULE 1:28 DECISION PRIOR TO THE
CASE MANAGEMENT CONFERENCE BECAUSE HE AND ms FIRM REPRESENTED
DEFENDANTS IN THE PRIOR MATTER

Docket sheets for the Superior Court and Appeals Court matters comprising the Third

Action, resulting in the Rule 1:28 Decision, reveal that Wells Fargo and its loan servicer Ocwen

Loan Servicing, LLC were represented by the Attorney Justin Fabella when he was at Hinshaw

Culbertson. 3 See Exhibit A. Attorney Fabella also represented Wells Fargo and Ocwen in this

matter. Objectively, therefore, Hinshaw, Wells Fargo and Ocwen's counsel, already knew of the

matters comprising the Third Action and the Rule 1:28 Decision without Attorney Russell needing

to act further. Attorney Fabella's consistent involvement also illuminates why Attorney Russell

3 Attorney Fabella's Linkedln page reflects that in March 2019 he left Hinshaw Culbertson to take a position with

Travelers Insurance. Some of the supporting docket references show his affiliation with Travelers because
MassCourts pulls updated attorney affiliation information each time MassCourts is accessed.

4
did not need to especially disclose the Rule 1:28 decision and explains why Attorney Russell's

actions do not show an intent to defraud or seek unconscionable advantage for not disclosing a fact

of which Attorney Fabella would already be aware due to his personal involvement.

III. THE 93A CLAIMS IN THIS MATTER AND THOSE IN THE THIRD ACTION
ARE PREMISED UPON DIFFERENT FACTS

The G.L. c. 93A claims in the Land Court and those in the Third Action are premised upon

different facts and claims. It was not improper for Attorney Russell to bring new G.L. c. 93A

claims, solely because prior claims sounding in violation ofG.L. c. 93A had been dismissed, where

the new claims rest upon a different foundation.

Specifically, the G.L. c. 93A claim in this matter are brought to address the 2018

publication and auction of Plaintiffs' premises, events which had not occurred at the time of the

Third Action. The Third Action, in contrast, addressed only the Defendants' actions leading up

and including the failed 2008 auction. Unlike the Third Action, which solely sought monetary

damages related to the 2008 failed auction, the instant claims allege that Wells Fargo never

possessed a demonstrable claim that it is a real party in interest to claim ownership over Plaintiffs'

note and mortgage---an issue which prior litigation, solely encompassing procedural and

jurisdictional matters, never reached. Furthermore, importantly, the Supreme Judicial Court's

2011 case never substantively resolved issues of ownership of the LaRaces' property.

IV. THE RULE 1:28 DECISION DOES NOT BAR PLAINTIFF'S LAND COURT
CLAIMS BECAUSE INSUFFICIENT SUBJECT MATTER IDENTITY EXISTS
BETWEEN THE TWO MATTERS

Preclusive effect should not be given to issues or claims that were not actually litigated in

a prior action. Treglia v. McDonald, 430 Mass. 237,241 (1999). In Treglia, the Supreme Judicial

Court held that issue preclusion should not prevent a defendant who appears in a civil action, files

a motion seeking interlocutory relief, obtains that relief, but does not thereafter answer or defend

5
(and is defaulted) from subsequently litigating the substantive elements underlying the default

judgment in a subsequent action initiated by the same plaintiffs. The claims that Attorney Russell

advanced on Plaintiffs' behalf in the Third Action and 2012 action were never actually litigated,

so the Treglia holding disallows res judicata from applying here.

The LaRaces' substantive efforts to force Wells Fargo to demonstrate that it had good title

to their property, brought in Land Court in 2012, were not "actually litigated" because the LaRaces

failed to establish jurisdiction pursuant to Abate v. Fremont, 470 Mass. 821 (2015), since there

had not been a valid, completed auction sale of their property. Abate held that a try title action

brought pursuant to G. L. c. 240, §§ 1-5 requires the petitioner to show three elements to get

through the Courthouse door. A petitioner must first show (1) record title, (2) possession, and (3)

an actual or possible adverse claim. Id. at 827. The first two, which are undisputed, establish

standing. Id. The third element is a jurisdictional requirement entitled to a presumption of truth

regardless of the factual challenge. Id. at 830. The LaRaces could not show the third,

jurisdictional, fact because there was no completed auction sale of their property until 2018. The

Court did not have jurisdiction over their claims. Therefore, the 2012 action did not establish title.

Substantive claims for wrongful foreclosure, slander of title and violation of G.L. c. 93A

brought in the 2014 Superior Court action were not "actually litigated" for two reasons. First,

unlike in the First Circuit, we have not found binding Massachusetts precedent holding that a

dismissal on statute of limitations grounds was judgment on the merits. 4 Second, as explained in

the previous section the 2014 and 2018 matters are based upon fundamentally different facts, since

4 The Superior Court and Appeals Court never examined the underlying substantive issue of whether Wells Fargo
actually owned the LaR.aces' loan since prior litigation focused on Well Fargo's adhering to statutory requirement to
foreclose under G.L. c. 244 § 14.

6
 the 2018 Land Court complaint does not rely upon the December 23, 2009 demand letter and

brings distinct and different G.L. c. 93A claims.

CONCLUSION

Attorney Russell had good ground to support the instant Land Court action since it was

intended to address Defendants' 2018 actions which had never been the subject of any prior action.

Attorney Russell transparently attached the Third Action's pleadings and the 1:28 Decision to the

Land Court Complaint, and explained in the text of the pleading how it was intended to differ,

evidencing a good-faith attempt to demonstrate how the why issue preclusion should not apply in

the instant case. Attorney Russell did not attempt to conceal any fact about the history between

the litigants either from the Court, in light of his having made disclosures in the Complaint, and

his good-faith belief that the instant matter substantially and materially differed from prior matters,

nor from opposing parties, who had been represented by the same law firm (and actually the same

lawyer) for the duration of the proceedings. Attorney Russell should not be sanctioned pursuant

to Rule 11.

Respectfully submitted,
GLENN F. RUSSELL, JR

By His Attorneys,

Alan E. Brown, BBO #665203

abrown@morrisonmahoney.com
Christopher C. Storm, BBO #680782
cstorm@morrisonmahoney.com
MORRISON MAHONEY LLP
250 Summer Street
Boston, MA 02210-1181
Phone: 617-439-7500
Dated: C/ro(fo/ Fax: 617-342-4944

7
 CERTIFICATE OF SERVICE

I, Christopher C. Storm, hereby certify that on this date I caused the within document to be
served on all parties of interest in this matter by mailing a copy, postage prepaid to:

Gregory Bombard, Esquire

Duane Morris LLP
I 00 High Street
Suite 2400
Boston, MA 02110

Justin Fabella, Esquire

Travelers
35 United Drive
West Bridgewater, MA 02379

Fred 0. Goldberg, Esquire

Berger Singerman LLP
1450 Brickell Ave
Suite 1900
Miami, FL 33131

Douglas L. Whitaker, Esquire

Fidelity National Law Group
125 High Street, Suite 1813
Boston, MA 02110

William F. Burke, Esquire

Prince Lobel Tye LLP
One International Place, Suite 3 700
Boston, MA 02110

Kevin Paul Geaney, Esquire

WCG Law Group, PLLC
21 High Street, Suite 208B
North Andover, MA 01845

Theodore W. Connolly, Esquire

Connolly Law Group
60 Highland Street
Dedham, MA 02026

1
Date

1780129
Exhibit A
Superior Court Docket Sheet
5/28/2019 Case Details• Massachusetts Trial Court 5
Skip to wain co11tent

/ 1479CV00012 LaRace, Mark A et al vs. WelisFargo Bank NA as Trustee for ABFC 2005-0PTf____ l
! Trust et al

Case Type
Torts
Case Status
Closed
File Date
01/06/2014
DCM Track:
F - Fast Track
Initiating Action:
Other Tortious Action

Next Event:

All b1formatlon Party \ Event ; Tickler ! Docket Dispositi,;;··1

;-··p;rty lnf~rmati~~
rL;Race, Marie A -~--
r - Plaintiff
'Alias Party Attorney
Attorney
Russell, Jr., Esq., Glenn F
Bar Code
656914
Address
Law Office of Glenn F. Russell, Jr.
38 Rock St
Suite 12
Fa!! River, MA 02720
Phone Number
(508)324-4545
More Party /nfocrnation

Party Attorney
Attorney
Russell, Jr., Esq., Glenn F
Bar Code
656914
Address
Law Office of Glenn F. Russell, Jr.
38 Rock St
Suite 12
Fall River, MA 02720
Phone Number
(508)324-4545
More PartY. Information
1.,w;iis··i:arg·c;-·s·;;;-n·1<· NA·-~s·rru~t~e-;o~-AiiF·c··2·0ri5:opr1 ·rru·st ·-
1- Defendant
Party Attorney
Attorney
Bombard, Esq., Gregory
Bar Code
679720
Address
Duane Morris LLP
100 High St
Suite 2400
Boston, MA 02110
Phone Number
(857)488-4200
Attorney
wiwra:tEAAtv!.'istrn:M!irR
Bar Code
654859
Address
Travelers
35 United Drive
West Bridgewater, MA 02379
Phone Number
(617)407~0624 ___ ,_______ _
More Patti lnfoITTJation
,1 - ci'Cwen·ioan ·sei-vici"llQ LLC-tikl~·
! - Defendant
Alias Party Attorney
Attorney
Bombard, Esq., Gregory

www.masscourts.org/eservices/;jsessionid=25E404A 1O6B4O4BFEC6692CA976A2973 ?x==RUedU3qRBTOM8AN00nCWcOL5Bo0NWn*EdUBBILk56. 1/7

5/28/2019 Case Details - Massachusetts Trial Court 5
!Bar Code
1679720
Address
Duane Morris LLP
100 High St
Suite 2400
Boston, MA 02110
Phone Number
(857)488-4200
Attorney
Fabella, Esq., Justin Mark
Bar Code
654859
Address
Travelers
35 United Drive
West Bridgewater, MA 02379
Phone Number
~617)407-0624

; i..entt'er·Proce~Sin 9. ServiCe~ iild.ii: .

: - Derendant

!Alias Party Attorney

Attorney
Goldberg, Esq., Fred 0
Bar Code
550862
Address
Berger Singerman LLP
1450 Brickell Ave
Suite 1900
Miami, FL 33131
Phone Number
(305)755-9500
Attorney
Whitaker, Esq., Douglas L
Bar Code
624949
Address
Fidelity National Law Group
125 High St
Suite 1813
Boston, MA 02110
Phone Number
(617)316-0143

Party Attorney
Attorney
Burke, Esq., William F
Bar Code
065780
Address
Prince Lobel Tye LLP
One International Place
Suite 3700
Boston, MA 02110
Phone Number
(617)456-8000
Attorney
Rotella, Esq., Jeffrey T
Bar Code
600674
Address
Prince Lobel Tye LLP
One International Place
Suite 3700
Boston, MA 02110
Phone Number
(617)456-8000
More Party )nformation

Party Attorney
Attorney
Geaney, Esq,, Kevin Paul
Bar Code
637750
Address
WCG Law Group, PLLC
21 High St
Suite 2088
North Andover, MA 01845
Phone Number
(978)482-7760
More Pa[!y Information

\ Grossman, Ch~Pter7"T~Uste~;··stewait
: - Other interested a

Alias Party Attorney

Attorney
Connolly, Esq., Theodore W
Bar Code

www.masscourts.org/eservices/;jsessionid=25E404A1D68404BFEC6692CA976A2973?x=RUedU3qRBTOM8ANOOnCWcOL5BoONWn*EdUBBILk56... 2/7
' 5/28/2019 Case Details- Massachusetts Trial Court 5
655827
Address
Connolly Law Group
60 Highland St
Dedham, MA 02026
Phone Number
(_~__1_7._)~~6-9~-~?.
More Pa!!Y. Information

: Events
Date
:o3/03i2014 09:oo AM
05/01/2015 02:00 PM
; 03/10i2016 02:00 PM
· 03/10/2016 02:00 PM
05/24/2016 02:00 PM
Session IY.i:m Result
Civil A- Ct. Rm.7 Hearing Held as Scheduled
Civil A. Ct. Rrn.7 Trial Assignment Conference Canceled
Civil A- Ct. Rm.7 Rule 16 Conference Rescheduled
Civil B - Ct. Rm.4 Rule 16 Conference McDonough, Jr., Hon. Edward J Held as Scheduled
-- ----
Civil A- Ct. Rm.7 Rufe 12 Hearing

10/13/2016 02:00 PM Civil A - CL Rm.7 Pre-Trial Conference Rescheduled

11/03/2016 02:00 PM
11/07/2016 02:00 PM
09/28/2017 02:00 PM
12128/2017 02:00 PM
03/01/2018 02:00 PM
Civil A- C!. Rm.7 Pre-Trial Conference Rescheduled
Civll A - Ct. Hm,7 Pre-Trial Conference Rescheduled
Civil A- Ct. Rm.7 Pre-Trial Conference Rescheduled
Civil A- Ct. Rm.7 Pre-Trial Conference Not Hald
Civil A. Ct. Rm.7 Conference to Review Status Held as Scheduled

'05/03/2018 02:00 PM Civil A- Ct. Rm.7 Conference to Review Status Rescheduled

07/02/2018 02:00 PM Civil A- Ct. Rm.7 Conference to Review Status Held as Scheduled

j Ticklers
: Tickler Start Date Due Date ~Y.S Due £2.!!!P.leted Date
Service 01/07/2014 04/07/2014 90
'. Answer 01/07/2014 05/0712014 120
; Rule 12/19120 Served By 01/07/2014 05!07/2014 120
: Rule 12/19/20 Filed By 01/07!2014 OG/06/2014 150
01/07/2014 07/0712014 181
01/07/2014 05/07/2014 120
01/07/2014 06/06/2014 150
01/06/2014 07/07/2014 182
----~
01/07/2014 03/31,'2017 1179

01/07/2014 04/28/2017 1207

01/07/2014 06!02/2017 1242
Final Pre-Trial Conference 01/07/2014 09/2812017 1360

Judgment 01/07/2014 01/0712016 730

i Docket Information
Docket Text
Ref
EiJo
Nbr.
I
I
01/0612014 Complaint & civil action cover shoat fi!ed

01/06/2014 Origin 1, Type B99, Track F.

-·~··· ........... .
I
01/23/2014 SERVICE RETURNED: Ablitl & Scofield PC f/kia{Defendant)
2 -----1
, 01/23/2014 SERVICE RETURNED (summons): Ocwen Loan Servicing LLC f,'k!a. 3
01/29/2014 Affidavit of joseph Daigneault, Pr.vale Process Server, Washington, 3.1
DC, of service on defendant Wells Fargo Bank, National Association.

02/12/2014 Defendants Ablitt & Scofield PC f/k/a Ablitt law Offices, P.C., ffKia 4
Ablitt & Charlton. P.C. Notice of intent to file motion to dismiss.

02113/2014 Copy of SERVICE RETURNED (summons): Assurant Field Asset Servlces 4.1
f!kia
'02/21/2014 Atty Justin M. Fabe\!a's notice of appearance for Wells Fargo Bank N 5
Aas Trustee for ABFC 2005-0PT1 Trust

02/27/2014 SERVICE RETURNED (summonsj: Lender Processing Services f/k/a 6

: 02/27/2014 ANSWER: Assuranl Field Asset Services fMa(Oefendant)lo 7

02/28/2014 Defendant Ablitt & Scofield PC fikla"s MOTION to Dismiss (MRCP 12b) 8
Complaint of Mark A LaRace, Tammy L LaRace
--------- - - - - . ···-----·----
www.masscourts.org/eservices/;jsessionid=25E404A1D684D4BFEC6692CA976A2973?x=RUedU3qRBTDM8AN00nCWcOL5BoONWn*EdUBBILk56... 3/7
5/2812019 Case Details - Massachusetts Trial Court 5
Docket Text File
Ref
li!:!!.
. 02f2Bi2014 Memorandum of law in support of deft., Ablitt Scofield PC flk/a's 9
Motion to Dismiss. (#8)

02/28/2014 Supplementfll Memorandum of law In support of deft., AbliitScofield, 10

P.C. f/k/a's Motion lo Dismiss. (#Bj

02/28/2014 Plffs'. OPPOS1T10N to deft., AUlitt Sco!field PC flkla's Motion to 11

Dismiss. (#8)

0212Bi2014 Plffs'. response to defl, Ablitt Scofield PC f/k/a's supplemental 12

memorandum in support of motion to dismiss. (#8)

: 02/28/2014 Request for hearing filed by Abntt & Scofield PC flkla (re #8) 13
07)28/2014 Deft., Ablitt Scofield, PC f/k/a's List of Combined Documents in 14
Support of Motion ta Dismiss. {#8)
.. ~, .
02/28/2014 Deft., Ab!itt Scofield PC f/k/a's Certification of Notice of Filing 15
Ru!e 9A Package (re Motion ta Dismiss #8)

03/0312014 Defendant Wells Fargo Bank NA as Trustee for ABFC 2005-0PTi Trust's 16
Emergency MOTION Far extension of time to re pond to plaintiffs'
verified complaint for 30 days until March 28, 2014 .

. 03/10i2014 Case REMOVED this date to US District Court of Massachusetts

: 03/18/2014 (P#16j(dated 3/3/14) ALLOWED, based on the represention in the motion

I
that plaintiffs failed to repsond to the request for extension.
(Edward McDonough, Justice) Notices faxed 3/1 B/2014

03!24i2014 Atty Kevin P Geaney's notice of appearance for Ab!itt & Scofield PC 17
f/kla

. 03/24/2014 (dated 3/10/2014)Atty Walter H. Porr, Jr.'s withdrawal of appearance 18

I
filed re: Ab!itt & Scofield PC ffk.la
. 03/24/2014 (dated 3/13f2014)Case REMOVED this dale to US District Court of
Massachusetts

· 02/03/2016 Remanded to the Superior Court from the U.S. District Court.
19
I
I

(with pleadings 1~97)

I
02/25/2016 The following form was generated:

Notice ta Appear
I
Set1tOn: 02/25/201612:22:54

: 02/25i2016 Appearance entered

On this date Gregory Bombard, Esq. added for Defendant Wells Fargo Bank NA as Trustee for ABFC 2005-0PT1 Trust

: 02/25/2016 Appearance entered

On this date Christine Elizabeth Abely, Esq. added for Defendant Wells Fargo Bank N A as Trustee for ABFC 2005-0PT1 Trust
..... ··········-···········--·
: 02/25/2016 Appearance entared
On this date Gregory Bombard. Esq. added for Defendan,.1,0 ..:•:.:":.':o.:'. "
::.""·.: ...::....:.:.. c::.:.:.. :
; 02/25/2016 Appearance entered
On this date Christina Ellzabeth Abely, Esq. added for Defendant Ocwon Loan Ser.ricing LLC f/kla
02/25/2016 Appearance enlered
On this date Justin Mark Fabella, Esq. added for Defendant OC\'len Loan Servicing LLC f/kla

02/25/2016 Appearance entered 19.1

On this date Douglas L. Whitaker, Esq. added for Defendant Lender Processing Se!Vices f!k/a

; 02/25/2016 Appearance entered

On this date Fred O Goldberg, Esq. added for Defendant Lender Processing Services f/k/a

02/25/2016 Appearance entered

On this date Theodore W. Connolly, Esq. added for Other interested party Stewart Grossman, Chapter7 Trustee
' " .... . ...~" ............ .
02/25/2016 The fo11owlng form was generated: 20

Notice to Appear for Rule 16 Conference

SentOn: 02/25/201613:00:26

1 03/07/2016 Event Result:

The following event Rule 16 Conference scheduled for 03/10/2016 02:00 PM has been resulted as Follows:
Result: Rescheduled
Reason: Transferred ta another session

, 03/10/2016 Event Result:

The following event Rule 16 Conference scheduled for 03110/2016 02:00 PM has been resulted as follows:
Result: He!d as Scheduled

03/10/2016 The following form was generated:

Notice to Appear
Sent On: 03/10/201615:21:07

04/14/2016 Defendant We!ls Fargo Bank N Aas Trustee for ABFC 2005-0PT1 Trust, Ocwen Loan Servicing LLC f.lk/a's Motion to dismiss all counts pursuant to MRCP 21
12(b)
. 04114/2016 Wells Fargo Bank NA as Trustee for ABFC 2005-0PTi Trust, Ocwen Loan Servicing LLC ffk/a's Memorandum in 5upport of 21.1
molion to dismiss.
· 04114/2016 General correspondence regarding Declaraton of Just!n M. Fabella. 21.2

04/14/2016 Opposition to paper #21.0 ta defendant Wells Fargo Bank, N.A. as trustee for ABFC 2005-0PT1 In.1st, ABFC Asset-Backed Certificates, sertes 2005•0PT1: 21.3
and defendant Ocwen Loan Servicing, LLC Motion lo Dismiss filed by Mark A LaRace, Tammy L La Race

· 04!14/2016 Defendant Wells Fargo Bank NA as Trustee for ABFC 2005-0PT1 Trust, Ocwen Loan Servicing LLCf/kJa's Reply to 21.4
plaintiffs' opposition to Motion to Dismiss.

www.rnasscourts.org/eservices/;jsessionid=25E404A1D68404BFEC6692CA976A2973?x=RUedU3qRBTDMBANOOnCWcOL58oONWn*EdUBBILk56 417
5/28/2019 Case Details- Massachusetts Trial Court 5
Docket Docket Text File
!l,l, Ref
!i!ll:
, 04/14/2016 Affidavit of compliance with Superior Court Rule 9A 21.5

Applies To: Well~ Fargo Bank NA as.Trustee for ABFC 2005-0PTi Trust {Defendant); Ocwen Loan Servicing LLC f/kia (Defendant)
04/14/2016 Rule 9A list of documents filed. 21.6

A~~I'.:~ T~; Wells F~rgo Bank NA as Trustee for AB~C 2005~~0'.,_!~ .'.'~~! (Defendan~)l_?cwen Loan Servicing L~_c!lkia (Defendant)
04/14/2016 Rule 9A nolice of riling 21.7 i
~pp!ies To: We.~l~--~~_rgo Ba~~ NA as Trustee fo~~BF.~?~.':~:~"PT1 2:~ust (Defendant); Ocwen Loan Se:".i_:1ng LLC f/k/a (Defendant)
04/25/2016 Defendi:mt Lender Processing Services f/k/a's Motion to dismiss all counts 22
of plaintiffs' complaint.

. 04/25/2016 Opposition to paper #22.0 to defendant Lender Processing Services, Inc. f/k/a's Motion to Dismiss. filed by Mark A LaRace, Tammy L LaRace 22.1
· 04/25i2016 Defendant Lender Processing Services f/k/a's Reply to 22.2
plaintiffs' opposrnon to Motion to Dismiss.

04/25/2016 Rule 9A notice of filing 22.3

Applies To: Lender Processing SerJices f/kla (Defendant)

: 04125/2016 Rule 9A lisl of documents filed. 22.4

Applies To: Lender Processing Services f/k/a (Defendant)

.·············· ....•....
· 06/06/2016 Attorney appearance
On this date Christine Elizabeth Abely, Esq. dismissed/withdrawn for Defendant Wells Fargo Bank N Aas Trustee for ABFC 2005-OPT1 Trust
.. '"••- ···~--·•----," •-· .. ··•-¥•--·
'-06/06iio16· Atl\)mey appearance 23
On this date Christine Elizabeth Abely, Esq. dismissed/v-llthdrawn for Defendant Or.wen Loan Servicing LLC f/k/a

07i05/2016 Party status:

Defendant Wells Fargo Bank NA as Trustee fur ABFC 2005-OPT1 Trust Dismissed;

07/12/2016 Partystatus:
Defendant Wells Fargo Bank NA as Trustee for ABFC 2005-0PT1 Trust: Dismissed;

07/12/2016 Party status:

Defendant Ocwen Loan Servicing LLC f/kla: Dismissed;

; 07/12/2016 Party status:

Defendant Lender Processing Services flkla: Dismissed:

\ 07/15/2016 MEMORANDUM & ORDER: 24

On Defendant's Motion to Dismiss. (Carey. J.) Dated: 7/12/2016

I
Mailed: 7/14/2016 I
"I
! 07/15/2016 Endorsement on Motion to dismiss (#21.0): ALLOWED
i See Memorandum and Decision and Order. (Carey, J.) Dated: 7/12/2016
··----·-··· ·---·· ·-· ........ ··-·--···-·~-·-------·-------
\ 07/15/2016 JUDGMENT on Defendants, Wells Fargo Bank NA as Trustee for ABFC 2005--OPT1 Trust, Ocwen Loan Servicing LLC f/kia, Lender Processing Services
f/k/a 12(b) motion lo dismiss against Plaintiff(s) Mark A LaRace, Tammy L LaRace.
It is ORDERED and ADJUDGED:
25
I
The Complaint of tha Pla!ntiff is dismissed as to Counts I, II and Ill.

08/10/2016 Notice of appeal filed as to Judgment of dismissal entered July 15. 2016 26

• ····••e,.. ----~.'~pplie~ To: Russell,_Jr,_, Esq., Glenn F. (Attorne~) on behalfof.La~ce. Mark A, LaRace. Tammy L (Plaintiff}·-·-··------_,. __ ••..•.
'. 08{10/2016 The following form was generated: 27

Notice to Appear for Pre-Trial Conference on 10/13/16@ 2pm

SentOn: 08/10/201614:27:15

09/12/2016 Defendant Wells Fargo Bank N A as Trustee for ABFC 2005-OPTi Trust, Ocwen Loan Servicing LLC f/k/a's Motion for 28
en!ry of sep<1rate and final judgment

09/12/2016 Wells Fargo Bank NA as Trus1ee for ABFC 2005-OPT1 Trust, Ocwen Loan Seivicing LLC f/k/a's Memorandum in support of 28.1
defendants motion for entry of separate and final judgment

09/12i2016 Affidavit of compliance with Superior Court Rule 9A 28.2

Applies To: Wells Fargo Bank NA as Trustee for ABFC 2005-0PT1 Trust (Defendant)
.... ·-· ....
09/12/2016 Rule 9A notice of filing 28.3

Applies To: Wells Fargo Bank NA as Trustee for ABFC 2005-OPT1 Trust {Defendant)

!09/12/2016 Rule 9A list of documents filed. 28.4

Applies To: Wells Fargo Bank NA as Trustee for ABFC 2005-OPT1 Trust (Defendant)
···················"·····
, 09/20/2016 Event Result
The following event: Pre-Trial Conference scheduled for 10/13/2016 02:00 PM has been resulted as ful!ows:
Result: Rescheduled
..... ....... "····· ."
... e"ason: By Court prior to date
: 09/20/2016 The following form was generated: 29

Notice to continue PTC to 1113/2016 @2:00 pm.

Sent On: 09/20/2016 13:51 :03

09/22/2016 Defendant Lender Processing Services flkla's Motion for 30

entry of separate and fin a! judgment of defendant Lender Processing Services, Inc.

· 09/22i2016 Lender Processing Services flkfa•s Memorandum in support of 30.1

motion for entry of separate and final judgment of defendant Lender Processing Services, 1nc.

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5/28/2019 Case Details - Massachusetts Trial Court 5
Dor:ketText File
Rfil
!i9L.
09f22i2D16 Affidavit of compliance wllh Superior Court Rule 9A 30.2

Applies To: Whitaker, Esq., D°.uglas L. {At!omey) on behalf of Lander Processing Services f/kfa (Defendant)
09/22/2016 Rule 9A notice of filing 30.3
· 09/22/2016 Ru!e 9A !isl of document'i> filed, 30.4
09/2612016 Endorsement on Motion for Entry of Separate and Final Judgment of defendan! Lending Processing Services, Inc:. (#30.0): ALLOWED
(Mailed 09/27116)

Judge: Sweeney, Hon. Constance M _,'

I
10/07/2016 JUDGMENT pursuant to MRCP 54(b), the Court ORDERED separate and final Judgment. 31
Therefore, it is ORDERED and ADJUDGED that the Complaint of the Plainliff{s), Mark A LaRace, Tammy L laRace be and hereby is dismissed against
Defendant(s), lender Processing Services flkla without statutory costs.

Judge: Sweeney, Hon. Constance M

! i0/11/2016 Endorsement on Motion for entry of separate and final judgment of defendants Wells Fargo Bank, N.A., as trustee for ABFC 2005-0PT1 Trust, ABFC Asset-
Back Certificates, Series 2005-0pti and the certificate holders thereof, and Ocwen Loan Servicing, LLC (#28.0): ALLOWED
(Mailed 10/19/16)

; 10111/2016 JUDGMENT pursuant to MRCP 54(b), the Court ORDERED separate and final Judgment. 32
Therefore, it is ORDERED and ADJUDGED that the Complaint of the Plaintiff(s}, Mark A La Race, Tammy l LaRace be and hereby is dismissed against
Defendant{s), Wells Fargo Bank NA as Trustee for ABFC 2005-0PT1 Trust, Ocwen Loan Servicing llC f/k/a without statutory costs.
(Mailed 10/19/16)

10/25/2016 Judgment/ Order VACATED (#32.0); Due lo clerical error. Mailed 11/3/16

10/26/2016 Event Result

The following event Pre-Trial Conference scheduled for 11103!2016 02:00 PM has been resulted as follows:
Result: Rescheduled
Reason: By Court prior to date
, , ,•................ -
10/26i2016 The following form was generated: 33

Notice of continuance of PTC from 11/3 lo 11/7116 @2:00 pm

Sent On: 10/26/2016 09:27:34

10/28/2016 Endorsement on Motion for entry of separate and fina!judgment of defendants Wells Fargo Bank, NA, as trustee for ABFC 2005-0PT1 Trust, ABFC Asset-
Back Certificates, Serles 20050PT1 and the certificateholders thereof, and OCWEN Loan Services, LLC (#28.0): ALLOWED
(dated 10/24/16) There is no opposition filed by any other party. Moreover there is no real reason for delay of entry of final judgment as requested.
(malled 10/28/16)

' 11/01/2016 Plaintiffs, Defendant Mark A laRace, Tammy L laRace, Assurant Field Asset Serv!cas f/k/a's Joint Motion to 35
,.....................
continue pre.trial conference and enter into scheduling order
,--
11i02/2016 Notice of appeal filed as to Order of Dismissal entered on 1017/16 34

Applies To: Russell, Jr,, Esq., Glenn F. (Attorney) on behalf of la Race, Mark A. la Race, Tammy L (Plaintiff)
-·--···· --·-----····
11/02/2016 Event Result:
The following event: Pre-Trial Conference scheduled for 11/07/2016 02:00 PM has been resulted as follows:
Result Rescheduled
Reason: Joint request of parties
------
11i02/2016 Endorsement on Mallon to continue pre-trial conference and enter into scheduling order {#34.0): ALLOWED
(mailed 11/2/16)

!j - - Judge: Sweeney, Hon. Constance M

11102,2016 Endorsement on Motion for llnal judgment (#28.0): (Copy of Motion) Other action taken
My endorsement of 10/24/16 allowing the motion for entry of separate & final judgment is vacated because the motion was already allowed by the court
(Carey, J.) on 9/19/16. (doc. #28). Accordingly Judge Carey's allowance of the motion controls, Mailed 11/3!16

Sweeney, Hon. Constance M

j 11/0312016 Judgment/ Order VACATED (#31.0); Due to clerical error.

Mailed 11/3/16

i 11/03/2016 CORRECTED JUDGMENT pursuant to MRCP 54(b). the Court ORDERED separate and llnal Judgment.
Therefore, it is ORDERED and ADJUDGED that the Complaint of the Plaintiff(s), Mark A LaRace, Tammy L LaRace be and hereby is dismissed against
.. De~~dant(s~ Lender Processing Se~ices_ f/k/a v;anout ~tatutory cost~. Malled _11/3/16 •->•-----·•·w-~•--·~-~-------- .. -·-·
! 11/03/2016 CORRECTED JUDGMENT pursuant to MRCP 54(b), the Court ORDERED separate and final Judgment.
Therefore, ii is ORDERED and ADJUDGED that the Complaint of the Plaintiff(s). Mark A La Race, Tammy L La Race be and hereby is dismissed against
Defendant(s), Wells Fargo Bank NA as Trustee for ABFC 2005-0PTl Tmst, Ocwen loan Setvicing LLC f/k/a withou! statutory costs. Mailed 11/3/16
~---
\ 11/03/2016 Case assigned to:
DCM Track F ~ Fast Track was added on 11/03/2016

! 11/07/2016 Notice of appeal filed oftlie October 26, 2016 separate entry of judgment as to defendants, Wells Fargo Bank, N. A, as Trustee and Ocwen Loan Services, 38
-I
LLP

Applies To: Russell, Jr., Esq .• Glenn F. (Attorney) on behatfof LaRace, Mark A, LaRace, Tammy L (Plaintiff)
~· ~"
· 11/30/2016 Notice of appeal filed as lo entry or separate judgment to defendants Wells Fargo Bank, NA, as Tms!ee and Ocwen Loan Servicing, LLC 39 I
Applies To: Russell, Jr,. Esq., Glenn F. (Altomey)_ ~-n behalf_ or La Race, Ma_r~ A, LaR_~:::. Tarn~? L_ (Plaintiff) l
· 01/13i2017 Appeal: Party's Letter received re: no transcript on appeal/record appendix 40
'
Applies To: Russell, Jr., Esq., Glenn F. (Attorney) on behalf of LaRace, Mark A, LaRace. Tammy L (Plaintiff)

02/21/2017 Appeal: notice of assembly of record sent to Counsel 41

,·Q2i21./21J1'7··· Notice to Clerk of the Appeals Court of Assembly of Record 42

03/10/2017 Appeal entered in Appeals Court on 03/03/2017 docket number 2017..P-0263 43

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5/28/2019 Case Details - Massachusetts Trial Court 5
Docket Text

09/05/2017 The following form was aenerated: 44

Notice to Appear for Pre-Trial Conference en 9/28/2017 @2pm
Sent On: 09/05/2017 12:07:21
09/20/2017 Plaintiffs, Defendant Mark A laRace, Tammy L LaRace, Assurant Field Asset Services f/k/a's Joint Motion to 45
stay pre-trial conference

09/2212017 Eridorsernent on Motion to stay pre-lrial conference (#45.0): ALLOWED

for a period of 90 days (until Dec. 22, 2017). Any further slay shall be requested by motion that shall report on Li;e slatus of this case and it's appeal.
Pre-trial conferenced continued to Thursday, December 28, 2017 @ 2:00 pm
(mailed 9/22)

· 09/22/2017 Event Result:

The following event: Pre-Trial Conference schedul&d for09/28/2017 02:00 PM has been resulted as follows;
Result: Rescheduled
Reason: Joint request of parties

12!26/2017 Plaintiff, Defendant Mark A La Race, Tammy L laRace's Motion to continue/ reschedule an event 12i28i2017 02:00 PM Pre-Trtal Conferenc:e 46 i
· 12/2Gi2017 Endorsement on Motion to continue (#46.0): ALLOWED 'l
Status Conference scheduled for March 1, 2018 at 2:00 p.m.

Judge: Mason, Hon. Mark D

12/26/2017 Event Result: -I I

Judge: Mason, Hon. Mark D
The following event Pre-Trial Conference scheduled for 12/28/2017 02:00 PM has been resulted as follows: I
Result Not Held
Reason: Joint request of parties

: 03101/2018 Event Result: "'I

Judge: Goodwin, Hon. Karen I
The following event: Conference to Review Status scheduled for 03/0112018 02:00 PM has been resulted as follows:
Result: Held as Scheduled

03/02/2018 The following .form was generated: 47

Notice to Appear for status conference on Thursday, May 3, 2018 @2:00 pm

Sent On: 03/02/2018 09:32:44

; 05/01/2018 Plaintiffs, Defendant Mark A LaRace, Tammy L LaRace, A.<l,surant Field Asset Services f/k/a's Joint Motion to 48
stay status conference
'05/01/2018 Endorsement on Motion to slay status conference (#48.0): ALLOWED
Status conference continued to Monday, July 2, 2018@ 2:00 pm

Judge: Goodwin, Hon. Karen

05/02/2018 Event Result:

Judge: Goodwin, Hon. Karen
The fallowing event: Conference to Review Status scheduled for 05/03/2018 02:00 PM has been resulted as follows:
Result Rescheduled
Reason: Joint request of parties
#-----~•••-.-•-••--••-~-,-- ••-,•-•-••-• -•- ••
!(i5!11,201a Rescripl recaived from Appeals Court; judgment AFFIRMED .. 49
. ·-· - ______ ... -·-·- . -----·
05/16/2018 JUDGMENTfORDER after Rescrlpt: The original judgment (#37.0) ls Affirmed. Mailed 5/16/18 so I
----·-----···- ·-.
'07/02/2018 Event Result:: Conference to Revlew Status scheduled on:
07/02/2018 02:00 PM
Has been: Held as Scheduled For the following reason: Plaintiff AUomey(s) failed to appear
Kevin J Claffey, Presiding
Appeared:
Slaff:
Lois Cignoli, Assistant Clerk Magistrate

07/0312018 JUDGMENT: Failure to prosecute and appear for 07/02/2018 02:00 PM Conference to Review Status, complaint of Mar'11: A LaRace, Tammy L laRace Is
dismissed without prejudice,
Mailed: 7/3118

Judge: Claffey, Kevin J

. -- ---------- -~--- ·-· ··-- .. ., -····-·-·-·- ---

Case Disposition
; DlsRo5ition j

Active 02/0312016
I

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Appeals Court Docket Sheet
5128/2019 Mass Appellate Courts - Public Case Information

APPEALS COURT
Full Court Panel Case
Case Docket

MARK A. LARACE & another vs. ABLITT & SCOFIELD PC & others
2017-P-0263

CASE HEADER
Case Status Closed: Rescript issued Status Date 05/08/2018
Nature Mortgage/foreclosure law Entry Date 03/03/2017
Sub•Nature Improper use of statutory remedy SJ Number
Appellant Plaintiff Case Type Civil
Brief Status Awaiting red brief Brief Due 09/15/2017
Panel SA, DI, SI, JJ. ArguedfSubmitted 12/1112017
Citation 92 Mass. App. Ct. 1126 Decision Date 02/05/2018
Lower Court Hampden Superior Court TC Number
Lower Ct Judge Richard J. Carey, J. TC Entry Date 01/06/2014
FAR Number FAR-25933 SJC Number

INVOLVED PARTY ATTORNEY APPEARANCE

Mark A. LaRace Glenn F. Russell, Jr,, Esquire
Plaintiff/Appellant
Blue brief & appendix filed
3 Exts, 68 Days
Tammy L LaRace Glenn F. Russell, Jr., Esquire
Plaintiff/Appellant
On brief of another party
Ablitt & Scofield PC Kevin P. Geaney, Esquire
Defendant/Appellee
Awaiting red brief
Due 0911512017
3 Exts, 58 Days
Assurant Field Asset Services Jeffrey T. Rotella, Esquire
Defendant/Appellee William F. Burke, Esquire
Awaiting red brief
Due 09/1512017
3 Exts, 58 Days
Lender Processing Services Fred Goldberg, Esquire
Defendant/Appellee Douglas L. Whitaker, Esquire
Red brief filed
3 Exts, 58 Days
Ocwen Loan Servicing LLC l!tii~
Defendant/Appellee Gregory S. Bombard, Esquire
Red brief filed Marissa I. Delinks, Esquire
3 Exts, 58 Days
Wells Fargo Bank NA Justin Mark Fabella, Esquire
Defendant/Appellee Gregory s. Bombard, Esquire
Red brief filed Marissa I. Delinks, Esquire
3 Exts, 58 Days Maura McKelvey, Esquire

Stewart Grossman Theodore W. Connolly, Esquire

Other interested party

DOCKET ENTRIES
Entry Date Paper Entry Text
03/03/2017 #1 Lower Court Assembly of the Record Package
03/03/2017 NotiCe of entry sent.
03/0312017 #2 Civil Appeal Entry Form filed for Mark A. LaRace by Attorney Glenn F. Russell.
03/13/2017 #3 Motion to Waive Additional Fee filed for Mark A. LaRace and Tammy L LaRace by Attorney Glenn F. Russell, Jr..
03/13/2017 RE#3: Allowed. Tammy L. la Race's appeal is docketed this date without the need for further payment of any fees. The appellants
shall file a unitary brief, not to exceed 50 pages. (Carhart, J.). "Notice.
03113/2017 #4 Notice of appearance of Marissa I. Delinks for Wells Fargo Bank NA.
03113/2017 #5 Notice of appearance of Maura McKelvey for Wells Fargo Bank NA.
04/0512017 #6 Docketing Statement filed for Mark A. LaRace and Tammy L 'LaRace by Attorney Glenn F. Russell, Jr..
04/10/2017 #7 Motion of Appellant to extend date for filing brief and appendix filed for Mark A. LaRace and Tammy L LaRace by Attorney Glenn F.
Russell, Jr..
04/1012017 RE#7: Allowed to 05/12/2017. Notice sent.

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5/28/2019 Mass Appellate Courts - Public Case Information

DOCKET ENTRIES
05/11/2017 #8 Motion of Appellant to extend date for filing brief and appendix filed for Mark A. LaRace and Tammy L LaRace by Attorney Glenn F.
Russell, Jr..
05/11/2017 RE#B: Allowed to 06/12/2017. Notice sent.
06/09/2017 #9 Motion of Appellant to extend date for filing brief and appendix filed for Mark A. LaRace and Tammy L LaRace by Attorney Glenn F.
Russell, Jr..
06/12/2017 RE#9: Allowed to 06/19/2017. Notice sent.
06/19/2017 #10 Appellant brief filed for Mark A. LaRace and Tammy L LaRace by Attorney Glenn F. Russell, Jr..
06/19/2017 #11 Appendix (Volume I of II) filed for Mark A. LaRace and Tammy L LaRace by Attorney Glenn F. Russell, Jr..
06/19/2017 #12 Appendix (Volume II of II) filed for Mark A. LaRace and Tammy L LaRace by Attorney Glenn F. Russell, Jr..
07/13/2017 #13 MOTION of Appellee to extend brief due date filed for Lender Processing Services by Attorney Douglas L. Whitaker.
07/13/2017 #14 MOTION of Appellee to extend brief due date filed for Ocwen Loan Servicing LLC and Wells Fargo Bank NA by Attorney Marissa I.
Delinks.
07/18/2017 RE#13: Allowed to 09/05/2017 for all appellees. Notice sent.
07/18/2017 RE#14: See action on paper #13. Notice sent.
08/30/2017 #15 MOTION of Appellee to extend brief due date filed for Ablitt & Scofield PC, Ocwen Loan Servicing LLC and Wells Fargo Bank NA by
Attorney Marissa I. Delin~s.
08/30/2017 #16 MOTION of Appellee to extend brief due date filed for Lender Processing Services by Attorney Douglas L. Whitaker.
09/01/2017 RE#15: Allowed to 09/12/2017 for all appellees. Notice sent.
09/01/2017 RE#16: See action on paper no. 15. Notice sent.
09/08/2017 #17 MOTION of Appellee to extend brief due date filed for Ocwen Loan Servicing LLC and Wells Fargo Bank NA by Attorney Marissa I.
Delinks.
09/11/2017 RE#17: Allowed to 09/15/2017 for all appellees. Notice sent.
09/12/2017 #18 Appellee brief filed for Lender Processing Services by Attorney Douglas L. Whitaker.
09/15/2017 #19 Appellee brief filed for Ocwen Loan Servicing LLC and Wells Fargo Bank NA by Attorney Marissa I. Delinks.
12/01/2017 ORDER: It has come to the court's attention that pages RA-045 and RA-079 of the Appellant's Appendix Vol. I are not high quality
and are difficult to read. Mark A. LaRace shall electronically re-file the Appellant's Appendix Vol. I containing more legible, higher
quality production of those pages or a letter stating that no better copy exists on, or before 12/11/2017. Notice.
12/11/2017 Under consideration by Panel. (Sacks, J., Ditkoff, J, Singh, J.).
02/05/2018 #20 Decision: Rule 1:28 Judgment affimied. (Sacks, Ditkoff & Singh, JJ.). *Notice.
02/05/2018 ORDER: The Appeals Court has revised the memorandum and order pursuant to Rule 1:28 that entered on February 5, 2018, as
follows: In the last sentence of this decision, the date was changed from "January 4, 2016," to "January 6, 2014." The Reporter of
Decisions has been notified. A copy of the revised decision is sent to the parties with this notice. *Notice.
02/05/2018 Copy of revised 1:28 decision to counsel.
02/13/2018 Returned Mail: Notice of decision sent to Theodore W. Connolly returned as moved-left no address. Notice resent to address listed
with the Massachusetts Board of Bar Overseers.
02/12/2018 Returned Mail: Notice of docket entry sent to Theodore W. Connolly returned as moved, let no address. Notice resent to updated
address.
02/23/2018 FAR-25933 opened on MOTION to file FAR application late filed for Mark A. LaRace and Tammy L LaRace by Attorney Glenn F.
Russell.
. ·1051q41201a FAR DENIED (on 05/04/2018).
05/0~/2018 RESCRIPT to Trial Court.
As of 05/08/2018 20:00

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Land Court Docket Sheet
5/28/2019 Case Details- Massachusetts Trial Court 5
,s~•;=•o=m~•~;"w'~o~"•~•~nt,.____________ ~-- ·---~-- __
18 MISC 000327 Larace, Mark A., et al. v. Wells Fargo Bank, N.A., as Trustee for ABFC-:WO5-0PT1
Trust, ABFC Asset-Backed Certificates, Series 2005-OPT1 and the Certificateholders Thereof, et
al. SPEICHER

Case Type
Miscellaneous
Case Status
Closed
File Date
06/29/2018
DCM Track:

Initiating Action:
OTA-Other
Status Date:
05/17/2019
Case Judge:
Speicher, Hon. Howard P.
Next Event:
06{03/2019

'. Prope~y Address

6 Brookburn Street
Springfield

AH lnformallon ·, ....:...=:.:,_. c'."::e:nt ·. Docket Financial Receipt Disposition

i Party Information
.-c-~-c:--c-c--------·-·---------·-----------------------------ti
Larace, Mark A,
! - Plaintiff

! Party Attorney
•; Attorney
•i Russell, Jr., Esq., Glenn F
•1 Bar Code
•l 656914
.; Address
•: Law Office of Glenn F. Russell, Jr.
! 38 Rack St
i Suite 12
;' Fall River, MA 02720
· Phone Number
(508)324-4545
More Pactv Information

··Lara~e: ra:;,.;my'i..: ·
-Plaintiff

'. Party Attorney

•i Attorney
, i Russell, Jr., Esq., Glenn F
,i Bar Code
,l 656914
, : Address
• i law Office of Glenn F. Russell, Jr.
! 38 Rock St
! Suite 12
; Fall River, MA 02720
, ! Phone Number
•) (508)324-4545
;
Mgre Par)v. ]nformation

··we1l~ F2rgo 1iiink. N;A., aS

l - Defendant

; Party Attorney
Attorney
lake, Esq., Hate Y
Bar Code
6794B0
Address
Hinshaw & Culbertson LLP
; 53 State SI
'. 27th Floor
i Boston, MA 02109
Phone Number
.[ (617)213-7000
•i Attorney
· O'Donnell, Esq., Jordan
Bar Code
6B4001
Address
Hinshaw & Culbertson LLP
: 28 State St 24th Floor
i Baston, MA 02109
Phone Number

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5/28/2019 Case Details - Massachusetts Trial Court 5
l<6_1.7)213-1000 _ _ _ _ _ _ __
More Party Information

O~wen· Loa~ Ser"Vicing; LLc

- Defendant

(JJ8:1:¥ Attorney ----·······.J

More Party Information

Black Knight Financial Services, Inc.

: - Defendant

jP~rtYAtiorney
More Party Information

, A~suran·1·Fiei,i A~~et servi~~~--

l - Defendant

- - - - - - - - - - - · · ········"·"·"_)
More Pa!lY Information
,"Abiiti"s.'.SCOiie1d, PC.
· - Defendant

if Party Attorney

1·Ma·rty;~ "ii;are~t~t~ --
i - Defendant

More Party Information /

Events
:~
i 07/03;"2018 09:30 AM
Ir.~
Hearing on Appkatlon for Preliminary Injunction
_E".ent ,1~dg~
Speicher; Hon. Howard P.
Result

Event Held
I
Case Management Conference Speicher, Hon. Howard P. Case Management Conference held

Summary Judgment Hearing Speicher, Hon. Howard P. Event not held.

Summary Judgment Hearing Speicher, Hon. Howard P. Taken under advisement.

-----
Speicher, Hon. Howard P.
----

[ Docket Information
. Docket Docket Text
'~

(Q6/29/2Q1'fj" Complaint filed.

!06/29/2018 Case a<;signed lo the Average Track per Land Court Standing Order 1:04.
: 06i29,201 s· L;~d Court miscel]ane;~s filing fee Receipl: 388445 Date: 06/29/201 a $240.00

\ 06/29/2018 Land Court surcharge Receipt: 388445 Date: 06129/201B $15,00

06129/2018 Uniform Counsel Certificate for Civil Cases filed by Plaintiff.

~•-•~••s, ,.,n •• ·•~•~••~-- ~ •~""' ••••~•~•-ee••-"• --• •a•-• eo•--•- -·••••~
\ 06/29/2018 Scheduled
Judge: Long, Hon, Keith C.
Event: Temporary Restraining Order
Data: 07i03/2018 llma: 09:30 AM
!06/29/2018 Summons and Order of Notice issued for hearing on Application for Preliminary In/unction.
Judge: Long, Hon. Keith C.
Event: Hean'ng on Application for Preliminary Injunction
Date: 07/03/2018 llme: 09:30 AM

06/29/2018 Plaintiffs' Emergency Motion for Temporary Restraining Order, wilh Memorandum of Law lncorpor.,ited Herein or in the ARernalive for Preliminary
Injunction, FILED and DENIED without prejudice. Order of notice to issued for hearing on Tuesday, July 3, 2018 at 9:30AM. Howard P. Speicher, Juslice

· 06i29i2018 Uniform Counsel Certificate for Cfvil Casa,e,ss lfilfil'.e"dJb>'.~fa;,,tiftf: ................ --•······· _
07/02/2018 Plaintiff's Motion for Special Process Server, filed.
----
i 07/03i2018 Event Resulted: Hearing on Application for Preliminary Injunction scheduled on:
07/03/2018 09:30 AM
Hearing on Application for Preliminary In/unction held. Attorney Russell appeared for plaintiffs. As no service has been made on defendant Wells Fargo,
court took no action on application for preliminary injunction.

Judge: Speicher, Hon. Howard P.

07/05/2018 EveI1t Scheduled
Judge: Speicher, Hon. Howard P.
Event Case Management Conference
Date: 08/21/20i8 Time: 10:00 AM
Notice to: Attorney Russell.

Judge: Speicher. Hon. Howard P.

· 07/05i2018 The case has been assigned to the A Track. Not!ce sent.
07/12/2018 Appearance of Counselffor Wells Fargo Bank, N.A., as Trustee for ABFC 2005-0PT1 Trust, ABFC Asset-Backed Certificates, Series 2005-0PT1 and the
Certificateho!ders Thereof filed.

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5/28/2019 Case Details - Massachusetts Trial Court 5

Docket Docket Text

Date
07/23!2018 D0fendanls' Answer to Complaint and Affi1malive Defenses, filed.

· 08/21i2018 Joint Case Management Conference Statement.filed.

08/21(2018 Case Management Conference Held: Case Management Conference scheduied on:
08/21/2018 10:00 AM
Case management conference held. Early intervention event held ..Attomeys Rus"s811 and Fab~l!a a"ppeared, All discovery to close November 16, 2018.
Dispositive motions to be filed by December 14, 2018, and to be govemed by Land Court Rule 4. Counts IV and Vof plaintiffs' complaint .:1re O!SM!SSED
for tack of subject matter jurisdiction. Parties encouraged to resolve case consensually

Judge: Speicher, Hon. Howard P.

. 08/21/2018 Alternative Dispute Resolution: Early Intervention Even\ held.

Judge: Speicher, Hon. Howard P.

12/17/2018 Joint Motion to continue Discovery Motion Oeadline{January 14, 2019),fi!ed and Allowed.

01/14/2019 Motion for Summary Judgment of Defendants Wells Fargo Bank, N.A. as Trustee and Ocwan Loan Servicing, LLC,filed.

: 01/14/2019 Defendants Wells Fargo Bank, N.A. as Trustee and Ocwen Loan Servicing, LLC's Statement of reasons in support of Motion for Summary" Judgment,filed.

01/14/2019 Affidavit in support of Defendants Wells Fargo Bank, N.A. as Trustee and Ocwen Loan Servicing, LLC's Motion for SUmmaty Judgment, filed.

01/14/2019 Affidavit of Ocwen Loan Servicing, LLC in support of Defendants Wells Fargo Bank, N.A. as Trustee and Ocwen Loan Servicing, LLC's Motion for
Summary Judgment, filed.

· 02/15/2019 Plaintiffs' Opposition to Defendants Motion for Summary Judgment,flled.

I 02/1512019 Affidavit of Attorney Glenn M. Russell,Jr in support of Plaintiffs' Opposition to Defendants Motion for Summary Judgment, fited.
02115/2019 Plainti-rfs' Concise Statement of Material Facts,filed.

'02/19/2019 Scheduled
Judge: Speicher, Hon. Howard P.
Event: Summary Judgment Hearlng
Date: 04/30/2019 llrne: 02:30 PM
Nolice Lo: Attorneys Russell and Fabella

04/19/2019 Defendant Wells Fargo Bank, N.A., as Trustee and OCWEN Loan Servicing, LLC's Motion for Leave to file Concise Statement of Material Facts and
Supplemental Appendix in support of Summary Judgment,fi!ed.

fQ4ff'9i2(i19 Defendant Wells Fargo Bank, N.A., as Trustee and OCWEN Loan Servicing, LL C's Reply to Plaintiffs' Opposition to Summary Judgment, filed.

; 04/19i2019 Affidavit in support of Defendant Wells Fargo Bank, N.A., as Trustee and OCWEN Loan Servicing, LLC's Reply to Plaintiffs' Opposilion to Summary
Judgment, filed.

04/19/2019 Defendant Wells Fargo Bank, N.A., as Trustee and OCWEN Loan Servicing, LLC's Response to P!a!n!iffs' Concise Statement of Material Facts, filed.
io4129r2019·· Plaintiffs' Response to Defendants' Concise Statement of Material Facts filed.
04/29/2019 Plaintiffs' Opposition to Defendants Motion for Leave to File Concise Statement of Material Facts and Supplemental Appendix in Support of Summary
Judgment! Motion to Strike filed.

0"4/29/2019 PLAINTIFFS' OPPOSITION TO DEFENDANTS MOTION FOR LEAVE TO FILE CONCISE STATEMENT OF MATERIAL FACTS AND SUPPLEMENTAL
APPENDIX 1N SUPPORT OF SUMMARY JUDGMENT/
MOTION TO STRIKE filed.

; 04/3012019 Defendants' Opposition lo Motion to Strike and Reply in Fuliher Support of Motion for Leave to File Concise S1atement of Material Facts and
....... --~-upplemenlal_".-:?..~endix in Su~port of s_~:~-~~-~~~~-d-~-~~~!-~1ed.
i 04/3012019 Scheduled

I
Judge: Speicher, Hon. Howard P.
Event: Summary Judgment Hearing
Date: 05/10/2019 llme: 11:00 AM
) 04/30/2019 Summary judQment hearing not held. Attorneys Russell and Lake appeared. Defendants' Motion for leave to file proposed concise statement of facts is
ALLOWED with provision that Plaintiffs allowed lo file additional reply lo Defendants' Motion for Summary Judgment on or before May 7, 2019. Motion to
S_t_~ke is ~~~IE_~---~-~-fendanls' Mo~~~--f~_r S~~-~-~-ry -~~~-~-~-t--i~-~-~~!_i~_!.!.~~--~~-~~t_:~.. !:~~'.':~.~!.:. ~-~:". ~~'.~...!~~--~earing on M~!!~n -~r~-~-~-~-~ry Judgment.
\·05;-1·0/201·9·- Plaintiffs' Supplemental Memorandum in Response to Defendants Motion for Leave to expand the Summary Judgment record,filed. Electronic Mail
I
I
05/10/2019 Hearing held oil defendant's motion for summary judgment. Attorneys Russell and Lake appeared. Defendant's motion for summary judgment taken under
advisement.

; 05/17/2019 Decision on Motion for Summary Judgment and Order to Show Cause, Issued. (Copies Sent to Attorneys Glenn F. Russell, Hale Y. Lake, Jordan
O'Dor.nell)

Judge: Speicher, Hon. Howard P.

· 05/17/2019 Judgment entered. {Copies Sent to Atton,eys Glenn F. Russell,

Judge: Speicher, Hon. Howard P.

Hale Y. Lake, Jordan O'Donnell)
I
i o5i2'Qi2Q1.9 Scheduled
Judge: Speicher, Hon. Howard P.
Event: Heating on Order to Show Cause
Date: 06i03f2019 Time: 10:00 AM

Financial Summary
CostTyp.J!. Amount Owed Amount Paid Amount Dismissed Amount OutstanditJCI

Cost $255.00 $255.00 $0.00 $0.00

Tota! Total Total Total Total
$255.00 $255.00 $0.00 $0.00

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5/28/2019 Case Details - Massachusetts Trial Court 5
Receipts
~ l o t Number ~P-tDate Recelyed From ~v.ment Amount
· 388445 06/29/2018 Rvssell, Jr., Esq., Glenn F $255.00
Total Total Total Totat
$255.00

Disi:1osltion Date Case Judg!!

Judgment entered. 05/17/2019 Speicher, Hon. Howard P.

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