Legal Advertisements - Week of July 18, 2024

Jul 18, 2024

MORTGAGEE’S NOTICE
OF SALE OF REAL ESTATE

By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Mardiette E. DeBoyes and Danny Sherman to Mortgage Electronic Registration Systems, Inc., as nominee for MortgageIT, INC., its successors and assigns, dated September 22, 2005 and recorded with the Plymouth County Registry of Deeds at Book 31413, Page 1 as affected by a Loan Modification recorded on January 3, 2022 in Said Registry of Deeds at Book 56265, Page 21, subsequently assigned to U.S. Bank National Association as Trustee, successor in interest to Bank of America, National Association as successor by merger to LaSalle Bank National Association as Trustee for WMALT 2005-AR1 by Mortgage Electronic Registration Systems, Inc., as nominee for MortgageIT, Inc., its successors and assigns by assignment recorded in said Plymouth County Registry of Deeds at Book 41185, Page 262 for breach of the conditions of said Mortgage and for the purpose of foreclosing same will be sold at Public Auction at 10:00 AM on August 1, 2024 at 3 Woodbridge Avenue and 5 Woodbridge Avenue, West Wareham (Wareham), MA, all and singular the premises described in said Mortgage, to wit:

The land with the buildings thereon in Wareham, Plymouth County, Massachusetts, being shown as Lots 5, 6 and 7 on a plan entitle “Plan of Section 2, Rose Point Subdivision, Wareham, MA, surveyed for A.B. Osborne and L.W. Canedy” made by Samuel H. Cosse, dated January 16, 1935, and recorded with the Plymouth County Registry of Deeds, in Plan Book 6, Page 650, being together bounded and described in accordance with said plan, as follows: NORTHERLY by Lucy Street, one hundred fifty (150) feet; EASTERLY by Lot 8 one hundred (100) feet; SOUTHERLY by Lot 18 and 19 one hundred nineteen and 86/100 (119.86) feet; WESTERLY: by Woodbridge Avenue one hundred four and 44/100 (104.44) feet.
Being the same premises conveyed to the herein named mortgagor (s) by deed recorded with Plymouth County Registry of Deeds in Book 28463, Page 151.

The premises are to be sold subject to and with the benefit of all easements, restrictions, encroachments, building and zoning laws, liens, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of tenants and parties in possession, and attorney’s fees and costs.

TERMS OF SALE:
A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS ($5,000.00) in the form of a certified check, bank treasurer’s check or money order will be required to be delivered at or before the time the bid is offered. The successful bidder will be required to execute a Foreclosure Sale Agreement immediately after the close of the bidding. The balance of the purchase price shall be paid within thirty (30) days from the sale date in the form of a certified check, bank treasurer’s check or other check satisfactory to Mortgagee’s attorney. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by written or oral announcement made before or during the foreclosure sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee’s attorney. The description of the premises contained in said mortgage shall control in the event of an error in this publication. TIME WILL BE OF THE ESSENCE.

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

U.S. Bank National Association as Trustee, Successor in Interest to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association as Trustee for WMALT 2005-AR1

Present Holder of said Mortgage,
By Its Attorneys,
ORLANS PC
PO Box 540540
Waltham, MA 02454
Phone: (781) 790-7800
22-005078


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
24 SM 002468
ORDER OF NOTICE

TO:

Brian Cunniff, Trustee of the Cunniff Realty Trust

and to all persons entitled to the benefit of the Servicemembers Civil Relief Act: 50 U.S.C. c. 50 § 3901 (et seq):

Citizens Bank, N.A.

claiming to have an interest in a Mortgage covering real property in East Wareham (Wareham), numbered 49 East Boulevard, given by Brian Cunniff, Trustee of the Cunniff Realty Trust to Citizens Bank, N.A., dated February 7, 2019, and recorded at Plymouth County Registry of Deeds in Book 50829, Page 225, has/have filed with this court a complaint for determination of Defendant’s/Defendants’ Servicemembers status.

If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before August 26, 2024 or you may lose the opportunity to challenge the foreclosure on the grounds of noncompliance with the Act.

Witness, GORDON H. PIPER,
Chief Justice of said Court on July 10, 2024.

Attest: Deborah J. Patterson, Recorder


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
24 SM 002465
ORDER OF NOTICE

TO:

Ronald D. Eslick, Jr.

and to all persons entitled to the benefit of the Servicemembers Civil Relief Act: 50 U.S.C. c. 50 § 3901 (et seq):

Freedom Mortgage Corporation

claiming to have an interest in a Mortgage covering real property in Wareham, numbered 16 Willard Street, given by Ronald D Eslick Jr. to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for FBC Mortgage, LLC, dated July 31, 2017, and recorded at Plymouth County Registry of Deeds in Book 48737, Page 287, as affected by Loan Modification Agreement dated October 8, 2019 and recorded at said Registry in Book 52312, Page 28 as affected by Loan Modification Agreement dated August 1, 2022 and recorded at said Registry in Book 57317, Page 163 as affected by Loan Modification Agreement dated January 24, 2023 and recorded at said Registry in Book 57718, Page 117 as affected by Loan Modification Agreement dated November 21, 2023 and recorded at said Registry in Book 58478, Page 242 and now held by the plaintiff by assignment, has/have filed with this court a complaint for determination of Defendant’s/Defendants’ Servicemembers status.

If you now are, or recently have been, in the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act. If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before August 26, 2024 or you may lose the opportunity to challenge the foreclosure on the grounds of noncompliance with the Act.

Witness, GORDON H. PIPER,
Chief Justice of said Court on July 10, 2024.

Attest: Deborah J. Patterson, Recorder


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 Cynthia A. McCarthy to MetLife Home Loans, a Division of MetLife Bank, N.A., dated December 3, 2009 and recorded in Plymouth County Registry of Deeds in Book 38004, Page 125 (the “Mortgage”) of which mortgage Mortgage Assets Management, LLC is the present holder by Assignment from MetLife Home Loans, a Division of MetLife Bank, N.A. to Nationstar Mortgage LLC dated July 3, 2012 and recorded at said Registry of Deeds in Book 41840, Page 292, and Assignment from Nationstar Mortgage LLC to Mortgage Assets Management, LLC dated September 3, 2021 and recorded at said Registry of Deeds in Book 55650, Page 50, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 32 Bay Pointe Drive Extension, Unit No. 32, of the Bay Pointe Village Condominium, Wareham, MA 02571 will be sold at a Public Auction at 10:00 AM on August 14, 2024, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:
 
Unit No. 32 (“The Unit”) in Bay Pointe Village Condominium, Wareham (Onset) Massachusetts, a Condominium established pursuant to Massachusetts General Laws, Chapter 183A, (“Chapter 183A”) by Master Deed dated May 25, 1989, and recorded with the Plymouth County Registry of Deeds on July 13, 1989 in Book 9243, Page 215, as amended by a certain Amendment to Master Deed of Bay Pointe Village Condominium dated August 17, 1989 and recorded with said Deeds in Book 9306, Page 259 (herein together with all “Phasing Amendments” authorized thereunder and recorded in said Deeds, being referred to as the “Master Deed”). The post office address of the Unit is Unit No. 32, Bay Pointe Drive Extension, Buzzards Bay, Massachusetts 02532. The Unit is shown on the floor plans recorded simultaneously with the Master Deed in said Deeds, and on the copy of the portion of said plans attached hereto and made a part hereof to which is affixed the verified statemen required by Section 9 of said Chapter 183A.
 
Being the same premises conveyed to the herein named mortgagor (s) by deed recorded with Plymouth County Registry of Deeds in Book 27134, Page 302.
 
For mortgagor’s title see deed recorded with the Plymouth County Registry of Deeds in Book 27134, Page 302.
 
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.
 
Mortgage Assets Management, LLC
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
McCarthy, Estate of Cynthia A., 24-045243

 
NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE
 
Premises:  6 Donald Street, West Wareham (Wareham), MA 02576
 
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Paula A Curry to Citizens Bank, N A, and now held by Citizens Bank, N.A., said mortgage dated August 2, 2018 and recorded in the Plymouth County Registry of Deeds in Book 50186, Page 98, for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on August 21, 2024 at 12:00 PM Local Time upon the premises, all and singular the premises described in said mortgage, to wit: 
 
The land with the buildings and improvements thereon situated in the City of Wareham, County of PLYMOUTH, State of Massachusetts
 
Meaning and intending to describe and mortgage the same premises as conveyed to the Mortgagor(s) by Deed dated January 12, 2012 and recorded on January 12, 2012 with the PLYMOUTH Registry of Deeds in Book 40849, Page 202, to which Deed or Certificate reference is hereby made for a more detailed description of the mortgaged premises and which description is incorporated herein by reference and made a part hereof.
 
The description of the property contained in the mortgage shall control in the event of a typographical error in this publication. 
 
For Mortgagor’s Title see deed dated January 12, 2012 and recorded in the Plymouth County Registry of Deeds in Book 40849, Page 202.
 
TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described.
 
Said mortgage is subject to a certain mortgage given by Paula A. Curry to Mortgage Electronic Registration Systems, Inc. as nominee for Residential Mortgage Services, Inc., dated January 12, 2012 and recorded in Plymouth County Registry of Deeds in Book 40849, Page 204
 
Said mortgage is subject to a certain mortgage given by Paula A. Curry to United States of America, acting through the Rural Housing Service, dated January 29, 2015 and recorded in Plymouth County Registry of Deeds in Book 45519, Page 198
 
FIVE THOUSAND ($5,000.00) Dollars of the purchase price must be paid in cash, certified check, bank treasurer’s or cashier’s check at the time and place of the sale by the purchaser.  The balance of the purchase price shall be paid in cash, certified check, bank treasurer’s or cashier’s check within thirty (30) days after the date of sale.
 
Other terms to be announced at the sale.
 
Brock & Scott, PLLC
23 Messenger Street
2nd Floor
Plainville, MA 02762
Attorney for Citizens Bank, N.A.
Present Holder of the Mortgage
(401) 217-8701

 
CITATION ON PETITION 
FOR FORMAL ADJUDICATION
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA  02360
(508) 747-6204
Docket No. PL24P1584EA
 
Estate of: Arthur P. Tavares
Date of Death: 04/15/2024
 
To all interested persons:
 
A Petition for Formal Probate of Will with Appointment of Personal Representative has been filed by Virginia A. Tavares of Wareham MA  requesting that the Court enter a formal Decree and Order and for such other relief as requested in the Petition. 
 
The Petitioner requests that Virginia A. Tavares of Wareham MA be appointed as Personal Representative(s) of said estate to serve Without Surety on the bond in unsupervised administration.
 
IMPORTANT NOTICE
You have the right to obtain a copy of the Petition from the Petitioner or at the Court.  You have a right to object to this proceeding.  To do so, you, or your attorney must file a written appearance and objection at this Court before: 10:00 a.m. on the return day of 08/05/2024.  
 
This is NOT a hearing date, but a deadline by which you must file a written appearance and objection if you object to this proceeding.  If you fail to file a timely written appearance and objection followed by an affidavit of objections within thirty (30) days of the return day, action may be taken without further notice to you.  
 
UNSUPERVISED ADMINISTRATION UNDER THE MASSACHUSETTS UNIFORM PROBATE CODE (MUPC)
A Personal Representative appointed under the MUPC in an unsupervised administration is not required to file an inventory or annual accounts with the Court.  Persons interested in the estate are entitled to notice regarding the administration directly from the Personal Representative and may petition the Court in any matter relating to the estate, including the distribution of assets and expenses of administration.  
 
Witness: Hon. Patrick W. Stanton, 
      First Justice of this Court
Date: July 05, 2024
Matthew J. McDonough, Register of Probate