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Court Case Record FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. OLIVER HENDRICKS 2013-J-0229 UID(44b8)


FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. OLIVER HENDRICKS Court Case Record

Court Case Number: 2013-J-0229


 
Case Number2013-J-0229
Case TitleFEDERAL NATIONAL MORTGAGE ASSOCIATION vs. OLIVER HENDRICKS
Case TypeCivil
StateMassachusetts, MA
CountyBoston Housing
CourtBoston Housing Court
Court Address
Phone
Field Date06/12/2013
Close Date07/11/2013

Parties

CounselNameType
Anthony J. Coletti, Esquire Danielle Corrine Gaudreau, EsquireFederal National Mortgage AssociPlaintiff/Respondent
H. Esme Caramello, EsquireOliver HendricksDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
06/12/2013 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Oliver Hendricks. ^
06/12/2013 #2 Substituted Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Oliver Hendricks.^
06/13/2013 #3 RE#2: The execution issued on June 10, 2013 by the Boston Housing Court in case number 10H84SP003045 is hereby stayed. The plaintiff shall not seek to levy upon the execution until further order of this court or a single justice thereof. Further, the plaintiff may file a response to the defendant's petition for interlocutory relief on or before June 21, 2013. If the plaintiff files a response, it shall be in the form of a memorandum and shall not exceed 15 pages (Rubin, J.). *Notice/attest/Winik, J.
06/21/2013 #4 Notice of appearance of Danielle Corrine Gaudreau for Federal National Mortgage Association. ^
06/21/2013 #5 Opposition to Petition with attachments, filed by Federal National Mortgage Association. ^
07/02/2013 #6 Motion for leave to file reply brief, filed by Oliver Hendricks. ^
07/08/2013 #7 Defendant's reply brief, filed by Oliver Hendricks. ^
07/11/2013 ORDER: This case is controlled by Deutsche Bank Natl. Trust Co. v. Gabriel, 81 Mass. App. Ct. 564 (2012), which holds that language identical to that contained in the statutory provision on which the petitioner would rely does not include individuals in the position of the petitioner, a former owner who occupies a property after foreclosure and who never rented or leased the premises. Id. at 572-573. I am aware that some related issues are before the Supreme Judicial Court in Bank of Am., N.A. v. Rosa, SJC-11330, however, based on the announcement of the Supreme Judicial Court seeking amicus briefs in that case, I am not persuaded that the issues to be decided include an assessment of the correctness of the construction given the statutory language in Deutsche Bank Natl. Trust Co. v. Gabriel. Therefore, the petition is denied. (Rubin, J.) *Notice/Attest/Winik, J.