RESIDENTIAL FUNDING REAL ESTATE HOLDINGS LLC vs. KATHERINE RACINE 2011-J-0081 Court Case Public Record

  • Details

    Case TitleRESIDENTIAL FUNDING REAL ESTATE HOLDINGS LLC vs. KATHERINE RACINE
    Case Number2011-J-0081
    Case TypeCivil
    StateMassachusetts, MA
    County
    Court
    Court Address
    Phone
    Field Date02/25/2011
    Close Date03/02/2011
  • Parties

    CounselNameType
    Chad M. van Dernoot, Esquire
    Residential Funding Real Estate
    Plaintiff/Respondent
    Donald C. Kupperstein, Esquire
    Katherine Racine
    Defendant/Petitioner
  • DOCKET ENTRIES
    Entry Date Paper Entry Text
    02/25/2011 #1 Petition pursuant to M.G.L.c. 239, § 5(f) with attachments filed by Katherine Racine.
    03/02/2011 #2 ORDER: The defendant has filed a petition, pursuant to G. L. c. 239, § 5, seeking that the single justice vacate the order dismissing the appeal of a summary process case concerning residential premises located at 8 Cornell Street, South Hadley, stay the appeal pending a Superior Court action to set aside a foreclosure sale, and set a reduced periodic payment amount during the pendency of the appeal or waive the payment of an appeal bond entirely...The Legislature has enacted and specified the proper route for appellate review of judgments and orders relating to summary process actions. See G. L. c. 239, § 5. The statute does not contemplate review by the single justice of a final judgment of the Housing Court or orders relating to the imposition of a bond or periodic payments in the absence of a timely filed notice of appeal. See G. L. c. 239, §§ 5(a), (f) and (g). No notice of appeal has been filed as to either the dismissal of the appeal or from the requirement to make periodic payments, nor has a plenary appeal been taken. Accordingly, all requested relief must be denied (Lenk, J.). Notice/attest/Fields, J./image