494 Mass. 1013
Mass.2024Background
- Jacques Saade filed a complaint in 2019 alleging Wilmington Trust and Fay Servicing violated Massachusetts mortgage notice statutes regarding his property.
- His complaint sought mortgage modification and escrow pending determination of the mortgagee’s identity.
- The single justice dismissed the complaint in 2020, citing similarities to prior cases Saade had filed, some of which led to filing restrictions against him.
- In 2023, Saade moved to vacate the judgment under Mass. R. Civ. P. 60(b)(6), referencing a 2022 settlement between the Attorney General and Fay Servicing as new evidence.
- He simultaneously sought to amend his complaint and impose sanctions on defendants for seeking dismissal.
- The single justice denied all three motions without hearing, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Relief under Rule 60(b)(6) | Settlement agreement justifies relief; new facts | Settlement did not provide new, relevant facts regarding Saade’s mortgage | Denied; no extraordinary grounds |
| Amendment of Complaint | Proposed amendments assert new claims and rights | Amendments are untimely, futile, still barred by prior judgments (res judicata) | Denied; untimely and futile |
| Sanctions Against Defendants | Defendants misused dismissal procedure | Motions were proper and timely; no improper conduct | Denied; no misconduct found |
| Res Judicata/Claim Preclusion | Claims are distinct or new due to new evidence | All claims arise from same transactions as prior suits, already dismissed | Applies; bars Saade’s claims |
Key Cases Cited
- Owens v. Mukendi, 448 Mass. 66 (standard of review for relief from judgment; extraordinary circumstances required)
- Kobrin v. Bd. of Registration in Medicine, 444 Mass. 837 (elements of claim preclusion/res judicata)
- Laramie v. Philip Morris USA Inc., 488 Mass. 399 (identical causes of action arise from same transaction for res judicata)
- Mestek, Inc. v. United Pac. Ins. Co., 40 Mass. App. Ct. 729 (dismissal for failure to state a claim as merits judgment for res judicata)
- Tynan v. Attorney Gen., 453 Mass. 1005 (new claims must not have been possible in prior complaints for res judicata to not apply)