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