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Searching dockets in Goldwater Bank Na x
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Real Property: Foreclosure | Massachusetts
Order on Motion for Reconsideration
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 22 Motion for Reconsideration. The court remains unconvinced that the notice of removal to federal court was timely filed. Counsel for Goldwater first entered an appearance in Middlesex County Superior Court in December of 2025. Since that date, Goldwater has taken steps to participate in the state court litigation, including by filing an answer to the complaint on February 26, 2026. Although Goldwater maintains that it only filed its answer to avoid a default (it is not entirely clear to the court how a party could be defaulted absent valid service of process), and although the answer asserts insufficiency of process as an affirmative defense, Goldwater has not identified even a single case in which a defendant was permitted to remove a case to federal court six months after affirmatively filing a pleading in state court. The motion to reconsider accordingly is denied. (RGS, law3)
Reconsideration
MOTION for Reconsideration re 20 Order of Remand to the State Court, 19 Order,,, by Goldwater Bank, N.A., Weststar Mortgage Corporation.(Ng, Yawara)
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