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Britton, Randy A et al vs. U.S. Bank Trust, N.A. not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust et al
On April 29, 2024 an injunction case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) in the jurisdiction of Middlesex County, MA. Judge Christopher K 5 presiding.
Case Details
Case Number
Filing Date
April 29, 2024
Last Refreshed
May 02, 2024
Filing Location
Middlesex County, MA
Judge
Hon. Christopher K 5
Category
Equitable Remedies
Overview
This is an action for injunctive and other equitable relief by two married mortgagors
against (1) their alleged mortgagee, U.S. Bank Trust, N.A., and its agents, specifically (2)
the alleged mortgagee’s servicer, Selene Finance LP, (3) the alleged mortgagee’s
foreclosing law firm, Harmon Law Offices, P.C., and (4) the alleged mortgagee’s
auctioneer, Commonealth Auctions Association, Inc., to enjoin them from completing
their scheduled foreclosure sale of our unit set for May 1, 2024 at 9:00 AM.
This is also an action to redeem the mortgage under G.L.c. 244, §§ 22', 27, so we “offer
to pay such amount as shall be found due from us, or to perform such other condition as
1 G.L.c. 244,§ 22 states in its entrety: “The person entitled to redeem may, before the expiration of the three years
limited for redemption, and before or after an entry for breach of condition, and before a sale pursuant to a power
contained in the mortgage, commence suit for redemption without previous tender, and may in such suit offer to pay
such amouni shall be foun ‘om hit form such ot ndition as th requir buta
mortgagee who has published a notice of sale prior to the commencement of such suit may proceed with said sale
unless the amount due is paid into court or the sale enjoined.”
Case Complaint Summary
This complaint is an action for injunctive and other equitable relief by two married mortgagors against U.S. Bank Trust, N.A., Selene Finance LP, Harmon Law Offices, P.C., and Commonwealth Auctions Association, Inc. to stop the scheduled foreclos…...
Parties
Plaintiffs
Attorneys for Plaintiffs
Defendants
Case Documents
Civil action cover sheet filed.
Date: Apr 29, 2024Original civil complaint filed.
Date: Apr 29, 2024Case Events
Date | Type | Description | |
---|---|---|---|
April 30, 2024 | Docket Event | Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 05/08/2024 02:15 PM Hearing on Preliminary Injunction. | |
April 29, 2024 | Docket Event | Plaintiff(s) Randy A Britton's EMERGENCY Motion for a Preliminary Injunction 4/30/24 The motion for a temporary restraining order ex parte is ALLOWED. The foreclosure scheduled for May 1, 2024 on 10 Drummer Way in Lexington shall not proceed until after a hearing on preliminary injunction has taken place. The clerk will schedule a hearing preliminary injunction to occur in the H session. The plaintiff papers raise sufficient questions about the proper redemption amount that I determined it best to preserve the status quo pending a determination of the issues raised by the plaintiffs. If the creditor demonstrates that plaintiff position is incorrect and the foreclosure was proper then I will consider defendants' request the plaintiffs cover costs occasioned by the delay of foreclosure. So Ordered (Barry-Smith, J.) | |
April 29, 2024 | Docket Event | Civil action cover sheet filed. | |
April 29, 2024 | Docket Event | Original civil complaint filed. | |
April 29, 2024 | Docket Event | Case assigned to: DCM Track F - Fast Track was added on 04/29/2024 | |
April 29, 2024 | Docket Event | Attorney appearance On this date Pro Se added for Plaintiff Carolyn P. Britton | |
April 29, 2024 | Docket Event | Attorney appearance On this date Pro Se added for Plaintiff Randy A Britton |