This case was last updated from PACER on 07/12/2020 at 11:18:24 (UTC).

Lim v. BSI Financial Services et al

Case Summary

On 04/19/2019 Lim filed a Property - Other Real Property lawsuit against BSI Financial Services. This case was filed in U.S. District Courts, Massachusetts District. The Judge overseeing this case is Richard G. Stearns. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-10769

  • Filing Date:

    04/19/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Property - Other Real Property

  • Court:

    U.S. District Courts

  • Courthouse:

    Massachusetts District

Judge Details

Presiding Judge

Richard G. Stearns

 

Party Details

Plaintiff

Neang Peou Lim

Defendants

Wilmington Savings Fund Society, FSB

BSI Financial Services

Wilmington Savings Fund Society, FSB doing business as Christiana Trust not in its individual capacity but solely as Trustee for Brougham Fund Ii Trust

Attorney/Law Firm Details

Plaintiff Attorney

Todd S. Dion

Attorney at Law Office of Todd S. Dion

15 Cottage Avenue, Suite 202

Quincy, MA 02169

Defendant Attorneys

Richard C. Demerle

Attorney at Sassoon & Cymrot LLP

84 State Street

Boston, MA 02109

Aaron A. Fredericks

Attorney at Sassoon & Cymrot, LLP

84 State Street

Boston, MA 02109

 

Court Documents

#12

(#12) Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (Pacho, Arnold) (Entered: 06/14/2019)

#10

(#10) CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Certificate of Service by Aaron A. Fredericks on behalf of BSI Financial Services, Wilmington Savings Fund Society, FSB. (Fredericks, Aaron) (Entered: 05/17/2019)

9 #5

Certificate of Service

9 #3

Exhibit 3

9 #2

Exhibit 2

9 #1

Exhibit 1

#9

(#9) MEMORANDUM in Support re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BSI Financial Services, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service)(Fredericks, Aaron) (Entered: 05/17/2019)

8 #1

Certificate of Service

#8

(#8) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BSI Financial Services, Wilmington Savings Fund Society, FSB. (Attachments: #1 Certificate of Service)(Fredericks, Aaron) (Entered: 05/17/2019)

#5

(#5) Assented to MOTION for Extension of Time to May 17, 2019 to plead, move or otherwise respond to Complaint with Certificate of Service by BSI Financial Services, Wilmington Savings Fund Society, FSB.(Fredericks, Aaron) (Entered: 04/26/2019)

#4

(#4) NOTICE of Appearance by Richard C. Demerle on behalf of BSI Financial Services, Wilmington Savings Fund Society, FSB (Demerle, Richard) (Entered: 04/25/2019)

1 #4

Certificate of Service

1 #3

Civil Category Form

1 #2

Civil Cover Sheet

1 #1

Exhibit 1

9 More Documents Available

 

Docket Entries

  • 06/14/2019
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  • Docket(#12) Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (Pacho, Arnold) (Entered: 06/14/2019)

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  • 06/14/2019
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  • Docket(#11) Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #8 Motion to Dismiss for Failure to State a Claim. Plaintiff's Complaint challenges defendant mortgage servicer's right to foreclose on the property located 200 Trotting Park Road, Lowell, Massachusetts on two grounds: first, that the servicer executed and recorded an affidavit on behalf of the mortgagee without a proper power of attorney; and second, the notice to cure received by plaintiff was defective because it "inaccurately refers to Plaintiff's payments as due monthly when they are actually due bi-weekly." Compl. para. 21. Defendant's motion to dismiss points out that the power of attorney was in fact recorded three months prior to the affidavit. See Def's Exs. 3 & 4 (dkt # 9-3, 9-4); see also Alternative Energy, Inc. v. St. Paul Fire & Marine Ins. Co. , 267 F.3d 30, 33 (1st Cir. 2001) (court may consider public records on a motion to dismiss). Further, the mistatement of the payment period does not render a notice to cure defective. See Mass. Gen. Laws ch. 244, s 35A(c). The plaintiff having also failed to oppose the motion to dismiss, it is ALLOWED. The Clerk will enter an order of dismissal and close this case. (Tang, Danni) (Entered: 06/14/2019)

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  • 05/17/2019
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  • (#10) CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Certificate of Service by Aaron A. Fredericks on behalf of BSI Financial Services, Wilmington Savings Fund Society, FSB. (Fredericks, Aaron) (Entered: 05/17/2019)

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  • 05/17/2019
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  • (#9) MEMORANDUM in Support re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by BSI Financial Services, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Certificate of Service)(Fredericks, Aaron) (Entered: 05/17/2019)

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  • 05/17/2019
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  • (#8) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BSI Financial Services, Wilmington Savings Fund Society, FSB. (Attachments: #1 Certificate of Service)(Fredericks, Aaron) (Entered: 05/17/2019)

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  • 04/29/2019
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  • (#7) CERTIFIED STATE COURT Record. (Pacho, Arnold) (Entered: 05/01/2019)

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  • 04/29/2019
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  • (#6) Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #5 Assented to MOTION for Extension of Time to May 17, 2019 to plead, move or otherwise respond to Complaint. (Pacho, Arnold) (Entered: 04/29/2019)

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  • 04/26/2019
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  • (#5) Assented to MOTION for Extension of Time to May 17, 2019 to plead, move or otherwise respond to Complaint with Certificate of Service by BSI Financial Services, Wilmington Savings Fund Society, FSB.(Fredericks, Aaron) (Entered: 04/26/2019)

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  • 04/25/2019
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  • (#4) NOTICE of Appearance by Richard C. Demerle on behalf of BSI Financial Services, Wilmington Savings Fund Society, FSB (Demerle, Richard) (Entered: 04/25/2019)

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  • 04/19/2019
  • (#3) Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Caruso, Stephanie) (Entered: 04/19/2019)

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  • 04/19/2019
  • (#2) ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) (Entered: 04/19/2019)

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  • 04/19/2019
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  • (#1) NOTICE OF REMOVAL by BSI Financial Services, Wilmington Savings Fund Society, FSB d/b/a Christiana Trust not in its individual capacity but solely as Trustee for Brougham Fund II Trust ( Filing fee: $ 400, receipt number 0101-7644562 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Civil Category Form, #4 Certificate of Service)(Fredericks, Aaron) (Entered: 04/19/2019)

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