Original civil complaint filed. September 11, 2019 (2024)

 
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 QO COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. SUPERIOR COURT DEPARTMENT OF TRIAL COURT CIVIL ACTION NO. \0S5CU BIF4; Michael N. Miller & Sheila Miller ) ) E D Plaintiffs Vv. ) ) L sep 44 200 CitiMortgage, Inc. & CitiBank, N.A. ) Defendants ) ) rest A) Pld cs VERIFIED COMPLAINT 1 Michael N. Miller & Sheila Miller ("Millers") are individuals who reside at 57 Lynnwood Lane, Worcester, MA 01609. \k 2 CitiMortgage, Inc. and CitiBank, N.A. ("Citi") are holders of a mortgage granted by the Plaintiffs on 57 Lynnwood Lane, and reside at 1000 Technology Dr., MS 100, O'Fallon, MO 63368. 3 The Millers fell behind on the payments on the note to Citi who has initiated a foreclosure on 57 Lynnwood Lane. 4 The Millers through their agents have been working with Citi regarding a “short sale” of their property since October 2018 as an alternative to foreclosure. 5 In December of 2018 Citi accepted a short sale whereby a purchaser would purchase the property for $365,000 and scheduled a closing for late March 2019 which was by agreement extended to April 15, 2019. 6. Prior to the scheduled closing Citi, notified the Millers that their mortgage was to be transferred to Cenlar Loan Servicing (“Cenlar”) effective March 29, 2019. Cenlar was supposed‘io then confirm the property closing. After a few weeks of confusion, Citi then notified the Millers that their mortgage would not be transferred to Cenlar and would remain with Citi. Citi agreed to reschedule the closing for April 30, 2019. 7 Unfortunately, the potential buyer after waiting through all of the delays received an appraisal [rom his mortgage company that valued the property significantlybelow the accepted purchase price. The buyer then cancelled the deal prior in earlyApril. 8 The property was re-listed for sale in April immediately after the buyercancelled. 9. On April 17, 2019 Citi was sent an offer from new potential buyer of theproperty for $265,000. 10. On May 1, 2019, Citi rejected the $265,000 offer and proposed a counteroffer of $325,000. 11. On May 16, 2019 the potential buyers revised their offer to $270,000. 12. In early June Citi again rejected the buyers offer and countered again at$325,000. 13. On June 10, 2019 the buyers increased their offer to $275,000. 14, On June 16, 2019 the buyers and the Millers initiated a formal valuedispute with Citi — which Citi accepted. 15. Citi agreed to accept comparisons from the buyers and also order anothervaluation of the property for Citi. Due to various internal delays and issues within Citithis valuation originally supposed to take place in July, did not take place until mid-August. 16. On August 20, 2019 Citi declined the $275,000 offer and countered at$320,000 and requested the buyers either accept the $320,000 offer or provide a counter-offer within 5 business days. 17. The buyers replied on or about August 23, 2019 that they were leavingtheir offer at $275,000 18. On September 3, 2019 Citi was notified that the prior buyers werereconsidering the $320,000 offer and that there was another potential buyer at the$320,000 amount, but in both cases if they were to go forward they would need untilThursday September 7. 2019 to provide the information Citi required. 19. On September 3, 2019 Citi sent an email which states in part: "If the buyer or new buyer is willing to accept the counter I will need thedocuments listed below. I appreciate your time. Thank youfor assisting our customer. Have a great day.1. Revised purchase contract or addendum to meet the counter offer 320k.2. Revised hud 1 statement to meet counter 320k, good through 45-60 days.” A copy of this email is attached as Exhibit A.20. On Thursday September 5, 2019 Citi sent an email which states in part: “Iam following up with you to see if you were able to obtain the needed documents for thenew buyer? The documents listed below are needed today so that I can escalate thereview with the negotiator. I appreciate your time. Have a great day.1 New purchase contract or addendum to meet the counter offer 320k.2. New hud | statement to meet counter.3 Buyer proof of funds.” A copy of this email is attached as Exhibit B. 21. On Thursday September 5, 2019 Citi was emailed all informationrequested above and an offer for $320,000. See Exhibit B. 22. On Friday September 6, 2019 Citi provided conflicting responses. In onecase stating that the documents had to be received “seven business days” in advance ofthe September | 1, 2019 auction and therefore were being rejected. Later this waschanged to “seven calendar days” but Citi was still rejecting the offer. 23. Finally around Spm on September 6, 2019, Citi revised its position to bethat the documents had to be received, “seven calendar days” or more before the auctiondate which was the case and Citi was escalating the review and would be working topostpone the auction. 24. At no point in time or via any email or correspondence did Citi indicatethe specific “seven days” either calendar or business days in advance and were aware ofand agreed to receive documents if offer of $320,000 on Thursday September 5, 2019. Inaddition as seen in the attached emails at close to 4pm on Thursday Citi added a newdocument to the required list of documents needed. This new addition delayed thesubmission of the $320,000 offer for a short time. Citi was notified of this delay andagreed to accept the documents. 25. Atno point since October of 2018 did Citi or its counsel advertise thecurrently scheduled Auction or formally notify the Millers as required in G.L. c. 244 s14. Count I -- Specific Performance 26. Paragraphs 1-25 above are incorporated herein by reference. 27. The Millers request that the Court order Citi to specifically perform itsagreement to allow the Millers to conduct a short sale of 57 Lynnwood Lane on the termsas agreed. Count II -- Preliminary Injunction 28. Paragraphs 1-28 above are incorporated herein by reference.29. The Millers request a preliminary injunction enjoining Citi fromcompleting a foreclosure auction and sale prior to the resolution of the Millers claim forspecific performance of the short sale agreement as the Millers will suffer irreparableharm through the foreclosure of their residence. For all of the reasons in this verified complaint, the Millers pray that thisHonorable Court issue an order for specific performance whereby Citi will perform itsagreement to allow the Millers to complete a short sale of 57 Lynnwood Lane and issue apreliminary injunction enjoining Citi from conducting a foreclosure auction and sale priorto completion of the short sale agreement, along with such other and further relief as isproper and just. Respectfully, Michael N. Milier Sheila Miller Wied Uf, pejels atheile: Dll Attorney Information Matthew), Peloquin BBO #688993 Bennett & Forts, P.C. 1093 Main Street Holden, MA 01520 Phone: (508) 829-6901Dated: September 11, 2019 Email: mpeloquin@bennettandforts.comVERIFICATION We, Michael N. Miller and Sheila R. Miller, do hereby certify that the factualstatements made in this Verified Amended Complaint are true and accurate to the best ofour knowledge.Dated: September 11, 2019 Dechy 2, Wale Michael N. Miller SAheitelPtillag) Sheila MillerRe: CitiBahk- 57 Lynnwood Ln -Miller « Subject: Re: CitiBank- 57 Lynnwood Ln -Miller From: Bruce Boguslav Date: 9/5/2019, 8:19 PM To: "Calderon, Nereyda" CC: Homeowner Support Quality Communication BCC: "dropbox-hsitrusthomesavers-18977@app.karmacrm.com" Hello Nereyda, Attached as requested are the following: 1. New Purchase & Contract in the amount of $320K - meeting Citi's counter offer 2. New Draft HUD 1 - at $320K 3. Buyer Proof of Funds Please confirm receipt of the above, postponement of the scheduled auction, if any additional information required and approval of this short sale. Thank you and best - Bruce On 9/5/2019 2:49 PM, Calderon, Nereyda wrote: Hello Mr. Boguslav, | am following up with you to see if you were able to obtain the needed documents for the new buyer? The documents listed below are needed today so that | can escalate the review with the negotiator. | appreciate your time. Have a great day. 1 New purchase coniract or addendum to meet the counter offer 320k. 2 New hud 1 statement to meet counter. 3 Buyer proof of funds. Please see below your options for sending documents: Email - host.customdocs@citi.com -Please copy me on all emails with documents -Please make sure to have each document(s) as its own PDF attachment Fax - 1-866-989-1356 Mail - CitiMortgage Office of Home Ownership Preservation 1000 Technology Dr - MS100 O'Fallon, MO 63368 Online- Upload documents at www.citimortgage.comLof3 9/9/2019, 10:10 PMRe: CitiBank- 57 Lynnwood Ln -Miller Nereyda Calderon Single Point of Contact 888-926-8087, Extension 0365050 {use leading zero). CitiMortgage, Inc. 1000 Technology Drive Mail Station 420 O'Fallon, MO 63368 ABOUT THIS MESSAGE: Calls are randomly monitored and recorded to ensure quality service. General hours are Monday - Thursday 7:00 a.m. - 8:00 p.m. (CT), Friday 7:00 a.m. - 6:00 p.m. (CT). tf not able to contact your Single Point of Contact during their specific work hours detailed above, you can call to speak to another Single Point of Contact during general hours. They wilt either be able to help you directly or can set up an appointment with your Single Point of Contact. If contacting your Single Point of Contact through e-mail please do not include confidential information, E-Mail communication is randomly monitored to ensure quality service. Please Note: In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to collect a debt. To opt out of email communications with Single Point of Contact, please send an email to OptOutEmail@imcnam.ssmb.com including (1) your name, (2) your property address, and (3) your email address. Please allow 48 business hours for processing of your request. a“ Bruce H. Boguslav - Executive Director HSI Trust - HomeSavers, Ltd 508-304-9992 Confidentiality Notice: This message is a private communication and may contain privileged information. If you are not the intended recipient, please do not read, copy, or use it, and do not disclose it to others. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you.2of2 9/9/2019, 10:12 PMRe: CitiBarik- 57 Lynnwood Ln -Miller Subject: Re: CitiBank- 57 Lynnwood Ln -Miller From: Bruce Boguslav Date: 9/3/2019, 5:29 PM To: "Calderon, Nereyda" CC: Homeowner Support Quality Communication Hi Nereyda, Hope all is well. We have been told that either the current buyer or a backup buyer that has been following this for some time will agree to the $320K purchase amount by no later than end of day Thursday. Will get you the information below as soon as we have it. Thank you again and best- Bruce On 8/29/2019 12:03 PM, Calderon, Nereyda wrote: Good morning Mr. Boguslav, | appreciate the update. Please be advised we are unable to accept the offer as it does not meet the counter. At this time the negotiator has closed the review. If the buyer or new buyer is willing to accept the counter t will need the documents listed below. | appreciate your time. Thank you for assisting our customer. Have a great day. ~{. Revised purchase contract or addendum to meet the counter offer 320k. 2. Revised hud 1 statement to meet counter 320k, good through 45-60 days. Please see below your options for sending documents: Email - host.customdocs@citi.com -Please copy me on all emails with documents -Please make sure to have each document(s) as its own PDF attachment Fax - 1-866-989-1356 Mail - CitiMortgage Office of Home Ownership Preservation 1000 Technology Dr - MS100 O'Fallon, MO 63368 Online- Upload documents at www.citimortgage.com On any method, please include the full name of the account holder and the account number on the first page of each document you are sending to ensure all pages are accurately delivered to your account. Remember, during any point of your treatment review you can reach me by telephone at 888-926-8087, EXT. 0365050, Monday - Friday 8:00 a.m. - 4:30 p.m. (CT), or email me at ereyda.calderon@citi.com. | look forward to working with you. Sincerely,Lof2 9/9/2019, 10:12 PMRé: CitiBartk- 57 Lynnwood Ln -Miller On any method, please include the full name of the account holder and the account number on the first page of each document you are sending to ensure all pages are accurately delivered to your account. Remember, during any point of your treatment review you can reach me by telephone at 888-926-8087, EXT. 0365050, Monday - Friday 8:00 a.m. - 4:30 p.m. (CT), or email me at ereyda.calderon@citi.com. | look forward to working with you. Sincerely, Nereyda Calderon Single Point of Contact 888-926-8087, Extension 0365050 (use leading zero). CitiMortgage, Inc. 1000 Technology Drive Mail Station 420 O'Fallon, MO 63368 ABOUT THIS MESSAGE: Calls are randomly monitored and recorded to ensure quality service. General hours are Monday - Thursday 7:00 a.m. - 8:00 p.m. (CT), Friday 7:00 a.m. - 6:00 p.m. (CT). If not able to contact your Single Point of Contact during their specific work hours detailed above, you can call to speak to another Single Point of Contact during general hours. They will either be able to help you directly or can set up an appointment with your Single Point of Contact. If contacting your Single Point of Contact through e-mail please do not include confidential information. E-Mail communication is randomly monitored to ensure quality service. Please Note: In the event you are subject to an Automatic Stay issued by a United States Bankruptcy Court or the referenced debt has been discharged in Bankruptcy, this communication is not intended to collect a debt. To opt out of email communications with Single Point of Contact, please send an email to OptOuiEmail@imcnam.ssmb.com including (1) your name, (2) your property address, and (3) your email address. Please allow 48 business hours for processing of your request. -- Bruce H. Boguslav - Executive Director HSI Trust - HomeSavers, Ltd 5@8-304-9992 Confidentiality Notice: This message is a private communication and may contain privileged information. If you are not the intended recipient, please do not read, copy, or use it, and do not disclose it to others. Please notify the sender of the2o0f3 9/9/2019, 10:10 PMRe: CitiBarfk- 57 Lynnwood Ln -Miller delivery error by replying to this message, and then delete it from your system. Thank you. — Attachments: P&S 320,000 - MacNeal - Sep 2019 -W- Miller-signed.pdf 27 bytes HUD Settlement Statement $320K - Sept 2019 - Miller.pdf 27 bytes POF - MacNeal - Sept 2019 - Miller Prop.pdf 27 bytes30f3 9/9/2019, 10:10 PM t 

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