PARTITION AND SALE OF REAL ESTATE CITATION
Commonwealth of Massachusetts
PLYMOUTH SS PROBATE COURT
Docket No. PL22E0031PP

To:Derick Silveira of Rochester, to Robert Silveira of Mattapoisett, both in the County of Plymouth, and to all other persons interested.

A Petition has been presented to said Court by Pauline E. Charbonneau of Mattapoisett, in the County of Plymouth, representing that she holds as joint tenants an undivided part or share of certain land lying in Mattapoisett, in said County and briefly described as follows:

The land in said Mattapoisett, Massachusetts, with any buildings thereon, known as 185 North Street, bounded and described as follows;

Being the same premises conveyed to the Grantor herein by deed of Francis H. Silveira, Pauline E. Charbonneau, Robert Silveira, and Derick Silveira, dated August 5, 2020; and recorded in the Plymouth County Registry of Deeds in Book 53289, Page 135.

setting forth that she desires that all of said land may be sold at private sale for not less than $500,000.00 dollars and praying that partition may be made of all the land aforesaid according to law, and to that end that a commissioner be appointed to make such partition and be ordered to make sale and conveyance of all, or any part of said land which the Court finds cannot be advantageously divided either at private sale or public auction, and be ordered to distribute the net proceeds thereof.

If you desire to object thereto you or your attorney should file a written appearance in said Court at Plymouth before ten o’clock in the forenoon on the twenty-sixth day of September, 2022, the return day of this citation.

Witness: Hon. Edward G. Boyle, III,
First Judge of said Court,
this11th day of August, 2022
Matthew J. McDonough, Register of Probate

LEGAL NOTICE
MORTGAGEE’S SALE OF REAL ESTATE

By virtue of and in execution of the Power of Sale contained in a certain mortgage given by James P. O’Dowd and Melissa B. O’Dowd to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Fleet National Bank, dated January 12, 2004 and recorded in Plymouth County Registry of Deeds in Book 27380, Page 142 (the “Mortgage”), as affected by a Loan Modification Agreement dated June 9, 2007, and recorded at said Registry of Deeds in Book 35108, Page 298 of which mortgage U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust is the present holder by Assignment from Mortgage Electronic Registration Systems, Inc., its successors and assigns to PHH Mortgage Corporation dated June 30, 2008 and recorded at said Registry of Deeds in Book 36175, Page 203, and Assignment from Mortgage Electronic Registration Systems, Inc., as nominee for Fleet National Bank, its successors and assigns to PHH Mortgage Corporation dated September 12, 2014 and recorded at said Registry of Deeds in Book 44764, Page 79, and Assignment from Mortgage Electronic Registration Systems, Inc., as nominee for Fleet National Bank, its successors and assigns to PHH Mortgage Corporation dated February 25, 2015 and recorded at said Registry of Deeds in Book 45389, Page 136, and Assignment from PHH Mortgage Corporation to New Residential Mortgage LLC dated November 16, 2017 and recorded at said Registry of Deeds in Book 49209, Page 194, and Assignment from New Residential Mortgage LLC to PHH Mortgage Corporation dated December 21, 2017 and recorded at said Registry of Deeds in Book 49430, Page 133, and Assignment from PHH Mortgage Corporation to NewRez LLC d/b/a Shellpoint Mortgage Servicing dated November 13, 2020 and recorded at said Registry of Deeds in Book 53820, Page 326, and Assignment from NewRez LLC f/k/a New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust dated April 19, 2022 and recorded at said Registry of Deeds in Book 56759, Page 118, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 3 Harvey Orchard Lane, Mattapoisett, MA 02739 will be sold at a Public Auction at 4:00 PM on September 15, 2022, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

The land, with any buildings thereon, in Mattapoisett, Plymouth County, Massachusetts, bounded and described as follows:
BEING Lot 4 as shown on a Plan entitled Plan of Land in Mattapoisett, Mass., drawn for Domingo R. Nunes, December, 1961, Scale 1” = 40’, Arthur C. Thompson, Engineer & Surveyor, Marion, Mass., which Plan is recorded in the Plymouth County Registry of Deeds at Book 2423, Page 342.

BEGINNING at a point in the easterly line of Harvey Orchard Lane at the southwesterly corner of Lot 2 as shown on the above-mentioned Plan; thence

NORTH 77° 17’ 00” East by the said Lot 2, One Hundred Twenty-five and 00/100 (125.00) feet to a stone wall; thence

SOUTH 12° 43’ 00” East by the said stone wall and land now or formerly of Manuel C. and Maria B. Almada, One Hundred and 00/100 (100.00) feet; thence

SOUTH 77° 17’ 00” West by Lot 6 as shown on the above-mentioned Plan, One Hundred Twenty-five and 00/100 (125.00) feet to the easterly line of the aforementioned Harvey Orchard Lane; thence

NORTH 12° 43’ 00” West by the easterly line of the said Harvey Orchard Lane, One Hundred and 00/100 (100.00) feet to the point of beginning.

Being the same premises conveyed to the mortgagors by deed dated August 23, 2001 and recorded in the Plymouth County Registry of Deeds, Book 20413, Page 93.

For mortgagor’s title see deed recorded with the Plymouth County Registry of Deeds in Book 20413, Page 93.

The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable encumbrances of record entitled to precedence over this mortgage, and subject to and with the benefit of all easements, restrictions, reservations and conditions of record and subject to all tenancies and/or rights of parties in possession.

Terms of the Sale: Cashier’s or certified check in the sum of $5,000.00 as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of Sale upon acceptance of bid; balance of purchase price payable by certified check in thirty (30) days from the date of the sale at the offices of mortgagee’s attorney, Korde & Associates, P.C., 900 Chelmsford Street, Suite 3102, Lowell, MA or such other time as may be designated by mortgagee. The description for the premises contained in said mortgage shall control in the event of a typographical error in this publication.

Other terms to be announced at the sale.

U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
O’ Dowd, James P., 16-025754