The Trustee may also act as the Plan Administrator pursuant to the Plan Administrator Agreement, and/or the Trustee under the Contingent Value Vehicle Agreement, each dated as of the date hereof.
FACTS The following facts, listed chronologically, are found in the Rule 56 record and are not in dispute for the purposes of deciding the motion for summary judgment: 1.
On March 2, 2005, New Century appointed Ocwen Loan Servicing, LLC, (Ocwen) as its attorney-in-fact with respect to execution of, among other things, mortgage assignments, on New Centurys behalf. On or about September 16, 2005, Barrasso purchased Unit 315 of the Walnut Place Condominium, located at 8 Walnut Street, Peabody, Massachusetts (the Property). To facilitate the purchase of the Property, on September 16, 2005, Barrasso signed a promissory note to New Century in the amount $211,200.00, and granted New Century a first mortgage (first mortgage) to secure the promissory note. The moving party bears the burden of affirmatively showing that there is no triable issue of fact. Ng Bros., 436 Mass. In determining whether genuine issues of fact exist, the court must draw all inferences from the underlying facts in the light most favorable to the party opposing the motion.
Gellert , Eckert, Seamans, Cherin & Mellott, LLC, Wilmington, DE, Nicholas C. On September 2, 2008, Cedric Muhammad filed a request for payment of administrative expenses (the "Claim") (D.
The New Century Liquidating Trust (the "Trust") filed an objection to the Claim (the "Objection") (D.
Barrassos allegations, in essence, are that New Century, the original mortgagee for both the first and second mortgages, no longer holds the mortgages, that the actual owner or holder of the mortgages cannot be ascertained, and that the plaintiff is entitled to a judgment freeing his property from the cloud created by the two mortgages. Following hearing, the court denied the motion, and did not accept the second amended complaint. Bank, in answering the third amended complaint, counterclaimed against the plaintiff for breach of contract, for unjust enrichment, and for declaratory relief under G. All of the defendants except for New Century have now filed a motion for partial summary judgment on all of the plaintiffs claims, claiming that a ruling in their favor on all of plaintiffs claims will be dispositive of the entire action.