Foreclosure Case Against All That Remains’ Oli Herbert Has Been Dismissed

The foreclosure case brought by the Freedom Mortgage Company against All That Remains guitarist Oli Herbert, who died last October, has been dismissed by a judge in the State of Connecticut Superior Court, new court records show.

The Freedom Mortgage Company initially gave Herbert a $132,554 mortgage in 2013 to buy the home in Stafford Springs, CT. The company filed a foreclosure notice last June and Herbert failed to appear in court, resulting in a default motion against him in September. The Freedom Mortgage Company was seeking a total of $137,000, including immediate possession of the home: $123,500 owed on the mortgage plus additional costs for taxes, insurance and interest.

The judgment of dismissal was issued by a clerk at the Superior Court in the Judicial District of Tolland yesterday, May 20th, and can be seen below. The case was dismissed “for failure to prosecute said action with reasonable diligence;” in other words, the plaintiffs stopped prosecuting the case. The plaintiffs have four months to reopen the case if they plan to pursue it further.

It should be noted that the dismissal is not an adjudication but an administrative matter; if a plantiff fails to pursue a case that has already been filed, it won’t be allowed to sit around in limbo forever. MetalSucks has spoken with legal experts who have told us there could be any number of reasons that the Freedom Mortgage Company stopped pursuing the case, including improperly filed paperwork, a decision that it wasn’t worth the money, or a separate deal regarding repayment of the mortgage (for example, with Oli’s estate / his widow, Elizabeth Herbert), just to name a few. Elizabeth still lives in the home.

Herbert, 44, was found face down in a pond adjacent to his property in October of last year. Police are still investigating the death as “suspicious.”