Legal Advertisements - Week of November 21, 2024

Nov 21, 2024

 

NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Nicholas D. Berry, Donna L. Battistelli to Mortgage Electronic Registration Systems, Inc., as nominee for GreenPoint Mortgage Funding, Inc., dated July 26, 2005 and recorded in the Plymouth County Registry of Deeds in Book 31059, Page 58, of which mortgage the undersigned is the present holder, by assignment from:

Mortgage Electronic Registration Systems, Inc. as nominee for GreenPoint Mortgage Funding, Inc. to Wells Fargo Bank, National Association as Trustee for Structured Asset Mortgage Investments II Inc., GreenPoint Mortgage Funding Trust 2006-AR2, Mortgage Pass-Through Certificates, Series 2006-AR2, recorded on April 1, 2013, in Book No. 42873, at Page 141

for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 4:00 PM on December 10, 2024, on the mortgaged premises located at 3 Alderberry Lane, Mattapoisett, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:
The land, with all buildings and improvements thereon, in Mattapoisett, Plymouth County, Massachusetts, bounded and described as follows:
EASTERLY by Alderberry Lane, 165.00 feet;
SOUTHERLY by lot #75 on plan of land hereinafter more particularly described, 150 feet;
WESTERLY by lot #77 on said plan, 165 feet; and
NORTHERLY by lot #85 on said plan, 150 feet.

Containing 24,750 square feet, more or less, and being lot #78 on “Subdivision Plan of LeBaron Estates, Section 2, Mattapoisett, Mass., scale 1” = 100’, surveyed for Henry F. Pallatroni, Jr. and Robert A. Gingras, January 21, 1964, Wilfred F. Taylor, Engineer and Surveyor, Mattapoisett, Mass,”, which plan is recorded in the Plymouth County Registry of Deeds in Plan Book 13, Page 234.

For mortgagor’s(s’) title see deed recorded with Plymouth County Registry of Deeds in Book 16173, Page 103.

These premises will be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims in the nature of liens, improvements, public assessments, any and all unpaid taxes, tax titles, tax liens, water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed.

TERMS OF SALE:

A deposit of Fifteen Thousand  ($15,000.00) Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale.  The balance is to be paid by certified or bank check at Harmon Law Offices, P.C., 150 California St., Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389, within thirty (30) days from the date of sale.  Deed will be provided to purchaser for recording upon receipt in full of the purchase price.  The description of the premises contained in said mortgage shall control in the event of an error in this publication.

Other terms, if any, to be announced at the sale.

WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., GREENPOINT MORTGAGE FUNDING TRUST 2006-AR2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR2

Present holder of said mortgage

By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
13098

 


 

LEGAL ADVERTISEMENT

NOTICE OF DEFAULT AND
FORECLOSURE SALE
SINGLE FAMILY MORTGAGE FORECLOSURE

 

LOCATION: 515 Rounseville Road, Rochester, MA 02770

WHEREAS on 01/25/2008 a certain Mortgage was executed by Estate of Helen A. Butts as mortgagor in favor of Everbank Reverse Mortgage LLC as mortgagee and was recorded on 01/30/2008 in Book 35546 at Page 257 in the Office of the Registry of Deeds of Plymouth County; and

WHEREAS the Mortgage was insured by the United States Secretary of Housing and Urban Development (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and

WHEREAS the Mortgage is now owned by the Secretary pursuant to an assignment dated 03/08/2018 and recorded on 03/12/2018 in Book 49577 at Page 277 in the office of the Registry of Deeds of Plymouth County; and

WHEREAS a default has been made in the covenants and conditions of the Mortgage in that the Borrower is deceased and the property is not the principal residence of at least one other surviving borrower as set forth in Paragraph 9(a)(i) of the Mortgage; and

WHEREAS by virtue of this default the Secretary has declared the entire amount of the indebtedness secured by the Mortgage to be immediately due and payable;

NOW THEREFORE pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27 subpart B, and by the SECRETARY’S designation of me as Foreclosure Commissioner recorded on 03/28/2023 in Book 57776, Page 210, notice is hereby given that on 12/11/2024 at 10:00 AM local time, all real and personal property at or used in connection with the following described premises (“Property”) will be sold at public auction to the highest bidder:

THE LAND IN Rochester WITH THE IMPROVEMENTS THEREON BOUNDED AND DESCRIBED AS FOLLOWS:

The land with buildings thereon in said Rochester bounded and described as follows: Beginning at the Northwesterly corner of the land to be described in the easterly lien of Rounseville Road a State Highway as laid out in 1903;

Thence North 42° 32’ East by a stone wall and land now or formerly of John Paton. Five hundred and 94/100 (500.94) feet to a drill hole at the end of the wall;

Thence South 29° 25’ 50” East by land now or formerly of One Hartley, four hundred thirteen and 26/100 (413.26) feet to a stake;

Thence South 0°16’ 50” East by last named land, ninety and 30/100 (90.30) feet to a cement bound;

Thence South 63° 43’ 50” West by other land now or formerly of said Hartley, four hundred twelve and 18/100 (412.18) feet to a stake in the easterly line of the said Rounseville road; Thence North 36° 51’ 50” West by the said road eighty (80) feet to a Massachusetts Highway Bound; and

Thence North 31° 57’ 50” West by the said Road, two hundred thirty five and 15/100 (235.15) feet to the point of beginning.

Containing 4.28 acres more or less.

For title reference see deed recorded with the Plymouth County Registry of Deeds in Book 18062, Page 173.Commonly known as: 515 Rounseville Road, Rochester, MA 02770

The sale will be held at 515 Rounseville Road, Rochester, MA 02770.

The Secretary of Housing and Urban Development will bid approximately $458,332.86.

There will be no proration of taxes, rents, or other income or liabilities except that the purchaser will pay at or before closing his pro-rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.

When making their bids, all bidders except the Secretary must submit a deposit totaling approximately $45,833.29 [10% of the Secretary’s bid] in the form of a certified check or cashier’s check made out to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of at least $45,833.29 must be presented before the bidding is closed. The deposit is non-refundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment, and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.

The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of $500 paid in advance. The extension fee shall be in the form of a certified or cashier’s check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due.

If the high bidder is unable to close the sale within the required period or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder.

There is no right of redemption or right of possession based upon a right of redemption in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant.

The scheduled foreclosure sale shall be cancelled or adjourned if it is established by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner in the form of a certified or cashier’s check payable to the Secretary of HUD before public auction of the property is completed.

The amount that must be paid if the mortgage is to be paid off prior to the scheduled sale is approximately $450,832.86 as of 11/01/2024, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale,

reasonable and customary costs incurred for title and lien record searches, the necessary out-of- pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. Tender of payment by certified or cashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.Date: November 4, 2024

Foreclosure Commissioner: Jessica Clarke, Esq. Law Firm: The Law Offices of Jessica Clarke. P.C. Address: 200 Main Street, Wareham, MA 02571 Phone: (781) 915-4129


 

NOTICE OF MORTGAGEE’S SALE
OF REAL ESTATE

By virtue and in execution of the Power of Sale contained in a certain mortgage given by John A. Farrell to New Fed Mortgage, Corp. dated July 1, 2005, recorded at the Plymouth County Registry of Deeds in Book 30861, Page 26-47; said mortgage was then assigned to Lehman Brothers Bank, FSB by virtue of an assignment dated July 1, 2005, and recorded in Book 30908, Page 32-34; and further assigned to Mortgage Electronic Registration Systems, Inc. by virtue of an assignment dated September 22, 2005, and recorded in Book 31504, Page 45-46; and further assigned to U.S. Bank National Association, as Trustee for Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-22 by virtue of an assignment dated February 26, 2024, and recorded in Book 58733, Page 192 of which mortgage the undersigned is the present holder for breach of conditions of said mortgage and for the purpose of foreclosing the same will be sold at PUBLIC AUCTION at 10:00 AM on December 11, 2024, on the mortgaged premises. This property has the address of 2 Pine Ridge Lane, Mattapoisett, MA 02738. The entire mortgaged premises, all and singular, the premises as described in said mortgage:

The land located in Mattapoisett, Plymouth County, Massachusetts, described as follows (the “Premises”):

That lot shown as Lot 18 on a plan of land entitled “Bay Club at Mattapoisett Definitive Cluster Subdivision Amendment #1 in Mattapoisett, Massachusetts” dated April 17, 2003, recorded in the Plymouth County Registry of Deeds in Plan Book 47, Page 119, said Lot 18 containing 28,914 square feet as shown on Sheet L-9 of said plan.

Together with the right to use the ways shown on aforesaid plan and on plan of land entitled “Bay Club at Mattapoisett Definitive Subdivision for Village 6 Amendment #1 in Mattapoisett Definitive Subdivision for Village 6 Amendment #1 in Mattapoisett, Massachusetts” dated April 17, 2003, recorded in said Registry in Plan Book 47, Page 135, as amended by plan of land entitled “Bay Club at Mattapoisett Definitive Subdivision for Village 6 Amendment #2 in Mattapoisett, Massachusetts” dated July 29, 2003, recorded in said Registry in Plan Book 47, Page 384, for pedestrian and vehicular use to have access to and from a public way and for all purposes for which public ways are used in the Town of Mattapoisett, subject to and in common with the rights of others thereto and subject to the rules and regulations as may be adopted from time to time by Bay Club Community Association Inc.

Together with rights in an easement over land shown as “Proposed 30’ Wide Emergency Access and Utility Easement” on Sheet 3 of the plan of land entitled “Bay Club at Mattapoisett Definitive Subdivision for Village 6 Amendment #2 in Mattapoisett, Massachusetts, recorded in said Registry in Plan Book 47, Page 386, said rights described in Easement form Dennis Mahoney & Sons, Inc. to DFJ Holdings, LLC dated December 30, 2003, recorded in Book 27418, Page 16, and in Easement from Frank V. Esposito, Trustee of Bydenom Nominee Trust to DFJ Holdings, LLC dated December 26, 2003, recorded in Book 57419, Page 12.

The Premises is conveyed subject to and together with the benefit of the Declaration of Covenants, Condition and Restrictions for Bay Club Community (“Covenants, Conditions and Restriction”) dated December 11, 2003, recorded in said Registry in Book 27419, Page 41, as the same may be amended, restated and extended, including beneficial rights in the open space (“OS”) parcels shown on the plans heretofore referred to.

Subject to Easement from DFJ Holdings, LLC to the Mattapoisett Water and Sewer Commissioners, dated December 20, 2003, recorded in said Registry in Book 27419, Page 26, to enter upon the Premises for the purposed of maintaining the sewer grinder pumps to be installed by the Grantee on the Premises in accordance with the provisions of the Covenants, Conditions and Restrictions. The location of such easement is to be determined by the location of the grinder pump.

The Premises is conveyed subject to and with the benefit of all other covenants, easements, agreements and matter of record, insofar as the same are now in force and applicable, including, but not in limitation thereof, those matter shown on subdivision plans entitled land entitled “Bay Club at Mattapoisett Definitive Cluster Subdivision Amendment #1 in Mattapoisett, Massachusetts” dated April 17, 2003, recorded in said Registry on Plan Book 47, Page 119, “Bay Club at Mattapoisett Definitive Cluster Subdivision for Village 6 Amendment #1 in Mattapoisett, Massachusetts” dated April 17, 2003, recorded in the Plymouth County Registry of Deeds in Plan Book 47, Page 135, as amended by plan of land entitled “Bay Club at Mattapoisett Definitive Subdivision for Village 6 Amendment #2 in Mattapoisett, Massachusetts” dated July 29, 2003, recorded in said Registry in Plan Book 47, Page 384, and plan of land entitled “Walking Path Easement Plan” dated April 29, 2004, recorded in said Registry in Plan Book 48, Page 131.

It is intended that each and all of the covenants and agreements referenced in this deed to be performed by or on the part of the Gran tor or Grantee shall be appurtenant to and shall run with the land.

For title see deed recorded at the Plymouth County Registry of Deeds at Book 29199, Page 126.

Subject to and with the benefit of easements, reservation, restrictions, and taking of record, if any, insofar as the same are now in force and applicable. In the event of any typographical error set forth herein in the legal description of the premises, the description as set forth and contained in the mortgage shall control by reference. Together with all the improvements now or hereafter erected on the property and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this sale.

Terms of Sale:  Said premises will be sold subject to any and all unpaid taxes and assessments, tax sales, tax titles and other municipal liens and water or sewer liens and State or County transfer fees, if any there are, and TEN THOUSAND DOLLARS ($10,000.00) in cashier’s or certified check will be required to be paid by the purchaser at the time and place of the sale as a deposit and the balance in cashier’s or certified check will be due in thirty (30) days, at the offices of Doonan, Graves & Longoria, LLC (“DG&L”), time being of the essence.  Other terms, if any, to be announced at the sale.

Dated: October 16, 2024 U.S. Bank National Association, as Trustee for Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-22

By its Attorney DOONAN, GRAVES & LONGORIA, LLC, 100 Cummings Center, Suite 303C, Beverly, MA 01915 (978) 921-2670 www.dgandl.com 57590 (FARRELL)