THE REVERE ADVOCATE – FRIDAY, JULY 14, 2023 Page 9 Judge issues preliminary injunction freezing Philbin’s and Resnek’s assets By James Mitchel (Editor’s Note: This article was published in the July 7, 2023 edition of the Revere Advocate) I n a recent development in the ongoing defamation lawsuit fi led by Mayor Carlo DeMaria in 2021 against the Everett Leader Herald, strong evidence has emerged that Matthew Philbin and his brother, Andrew Philbin, Jr., attempted to place various properties into Limited Liability Corporations in order to evade satisfying any judgments against them and in favor of DeMaria. A June 16, 2023, affi davit fi led by Matthew Philbin states that if he wanted to fraudulently transfer properties, he would simply have transferred them to LLCs and encumbered them through mortgages. However, in a reply by the mayor’s attorney, Jeff rey Robbins, the attorney pointed out that this was precisely what Philbin did – admitting to fraudulently transferring properties. Philbin’s affi davit stated that he says that he simply transferred and mortgaged millions of dollars of property in October 2022 in what Philbin describes as “the ordinary course of business.” But in contradiction to his affidavit, Philbin testified under oath in his April deposition that he didn’t know why he was moving property over to LLC. “What I’m showing you, second page, looks to be a Quitclaim Deed signed by you and your brother Andrew on October 4, 2022 deeding over 59 Chelsea Street to something called The 59 Chelsea Street LLC, correct?” asked Atty. Robbins. “This on the fi rst page?” replied Philbin. “Yes. On the page entitled “Quitclaim Deed,” asked the attorney. “Okay,” said Philbin. “Is that right?” again, asked the attorney. “Okay,” replied Philbin. “And your signature and that of your brother appears there?” asked Robbins. “Yes,” was Philbin’s answer. “And why did you transfer the property to The 59 Chelsea Things This Rate Will Keep You Cool All Summer Long! are Heatin’ up! Mass Save ® HEAT Loan Program For home energy efficiency improvements, including central air, heat pumps, windows & more! START with the QR code here or call Mass Save at 866-527-7283. After your assessment, APPLY for your 0% loan at memberspluscu.org or give us a call. memberspluscu.org 781-905-1500 MEDFORD NORWOOD DORCHESTER EVERETT PLYMOUTH *Customers must meet program eligibility requirements to participate. Eligibility for the HEAT Loan Program is based on completing a Home Energy Assessment and pre-approval. Some restrictions apply and offers are subject to change or cancellation. Financing is subject to credit approval. Additional terms and conditions apply. Visit MassSave.com/HEATLoan or call 1-866-527-SAVE (7283) for details and to learn more about the program. Street LLC in October of 2022?” asked Atty. Robbins. “Yeah, I don’t know,” stated Philbin. “Can you think of any reason as we sit here, why in October of 2022 you and your brother deeded over a property to an LLC?” asked Robbins. “No,” answered Philbin. “…and that was in consideration for one dollar, I take it?” asked the attorney. “Yup. That’s what it says,” replied Philbin. When asked if he could identify any reason why he and his brother transferred three Everett properties on Oct. 4, 2022, into a newly formed LLC just after adverse development in the litigation against him, again, in consideration for one dollar, Philbin, stated, “No.” Philbin would admit to taking out a million-dollar mortgage on Oct. 13, 2022, 12 days later, that he and his brother owned on Ossipee Road in Somerville, claiming it was for completing construction work at their 322324 Ferry St., Everett property, 425r Broadway, Saugus Located adjacent to Kohls Plaza Route 1 South in Saugus at the intersection of Walnut St. We are on MBTA Bus Route 429 781-231-1111 We are a Skating Rink with Bowling Alleys, Arcade and two TV’s where the ball games are always on! PUBLIC SKATING SCHEDULE 12-8 p.m. Sunday Monday Tuesday $9.00 Price includes Roller Skates Rollerblades/inline skates $3.00 additional cost Private Parties 7:30-11 p.m. $10.00 Price includes Roller Skates Adult Night 18+ Only Wednesday Thursday Friday Everyone must pay admission after 6 p.m. Private Parties Private Parties 4-11 p.m. Saturday 12-11 p.m. $9.00 $9.00 Everyone must pay admission after 6 p.m. Sorry No Checks - ATM on site Roller skate rentals included in all prices Inline Skate Rentals $3.00 additional BIRTHDAY & PRIVATE PARTIES AVAILABLE www.roller-world.com which they also attempted to place in an LLC. Attorney Robbins questioned Matthew about his and his brother Andrew’s reasoning that after nine years of ownership of multiple property holdings they wanted suddenly to transfer them to newly formed LLCs in October 2022. The mayor’s attorney pointed out that one would expect that an affi - davit would have been submitted by Andrew explaining why he and his brother would have done this. But there was no affi davit fi led by Andrew, who is also represented by the same attorney as his brother and the other defendants. Andrew did not show up in response to the subpoena or the Discovery Master’s Order requiring him to appear to testify at a deposition and maintained that he was not available until after the hearing before the Discovery Master. Middlesex Superior Court Judge William Bloomer has issued a preliminary injunction freezing Matthew Philbin’s and Joshua Resnek’s assets, ordering them not to further transfer, mortgage or in any way encumber any of their assets until further notice. At a recent hearing Judge Bloomer instructed Philbin’s and Resnek’s lawyer that his clients remained bound by that Order while he takes Mayor DeMaria’s request for a permanent injunction under advisement.
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