Legal Advertisements - Week of June 6, 2024

Jun 6, 2024

COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 002060
ORDER OF NOTICE

TO:

John Robbins

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

Santander Bank, N.A. f/k/a Sovereign Bank, N.A. f/k/a Sovereign Bank

claiming to have an interest in a Mortgage covering real property in Onset, numbered 12 East Central Avenue, given by Mildred I Robbins and Floyd C Robbins to Sovereign Bank, dated September 4, 2008, and recorded at Plymouth County Registry of Deeds in Book 36361, Page 228, 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 July 15, 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 May 30, 2024.

Attest: Deborah J. Patterson, Recorder


TOWN OF WAREHAM
SELECT BOARD
54 Marion Road
Wareham, Massachusetts 02571

NOTICE OF PUBLIC HEARING

The Select Board will hold a public hearing in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 at 7:15pm, (Eastern Standard Time) on Tuesday June 18, 2024 to hear testimony on the consistency of the Urban Renewal Plan with the Wareham Master Plan.
To join meeting remotely:
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Passcode: 962288
One tap mobile:
+19292056099 (New York)
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Webinar ID: 832 5892 5070
Passcode: 962288

SELECT BOARD
Judith Whiteside, Chair
Jared S. Chadwick, Clerk
Ronald S. Besse
Sarah Corbitt
Sherry Quirk


MORTGAGEE’S NOTICE OF SALE

By virtue and in execution of the Power of Sale contained in a certain mortgage given by Richard J. Hagopian, Jr. and Kristin A. Hagopian to Mortgage Corp. of the East III dated February 27, 2006, recorded with Plymouth County Registry of Deeds Book 32291, Page 170, which mortgage was assigned to Mortgage Electronic Registration Systems, Inc. by Assignment dated February 27, 2006, recorded in Book 32291, Page 182; as affected by Confirmatory Assignment dated October 16, 2012, recorded in Book 42206, Page 152; further assigned to Federal National Mortgage Association by Assignment dated January 4, 2011, recorded in Book 39552, Page 345, as affected by Confirmatory Assignment dated May 21, 2012, recorded in Book 41637, Page 205, and Assignment dated October 26, 2012, recorded in Book 42206, Page 153; further assigned to MTGLQ Investors, LP by Assignment dated January 31, 2019, recorded in Book 50829, Page 1; further assigned to Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VIII-A by Assignment dated February 29, 2024, recorded in Book 58807, Page 236; and further assigned to Wilmington Savings Fund Society, FSB, as Owner Trustee of the Residential Credit Opportunities Trust VIII-C by Assignment dated April 5, 2024, recorded in Book 58807, Page 238, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 11:00 AM, on the 2nd day of July 2024, at the mortgaged premises described and known as 152 Charge Pond Road, Wareham, Massachusetts described in said mortgage, to wit:

The land with the buildings thereon situated in Wareham, Plymouth County, Commonwealth of Massachusetts, described as follows: Lots 338, 339, and 340 as shown on a plan entitled, “Section 4 Division of Land of Seawood Springs, owned by Pine Grove Terrace, Inc. Developed by North Atlantic Properties, Inc.” dated November 5, 1971, made by Walter E. Rowley & Associates, recorded with Plymouth County Registry of Deeds in Plan Book 16, Page 743. Said reference is hereby made to said plan for a more particular description.

The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date. The Mortgagee further reserves the right to open the bidding at the time, date and place appointed for sale, and if no bids are received, or the bids received are deemed unacceptable to Mortgagee, to postpone the sale to a later date by public proclamation.

Said premises will be sold subject to and with the benefit of all restrictions, easements, improvements, outstanding tax titles, mortgages, liens, rights of tenants and parties in possession, unpaid taxes, municipal liens and other public taxes, assessments or liens, having priority over the mortgage described herein, if any.

In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the second highest bidder provided that the second highest bidder shall deposit with Mortgagee’s attorneys the amount of the required deposit as set forth herein within three (3) business days after written notice of default of the previous highest bidder and title shall be conveyed to said second highest bidder within twenty (20) days of said written notice.

TERMS OF SALE: Ten Thousand Dollars ($10,000.00) will be required to bid and be paid in cash or by certified check at the time and place of sale as earnest money. The balance is to be paid in cash or by certified check within thirty (30) days of the date of the sale at the offices of Murphy & Lupan, P.A., 5 Commonwealth Road, Natick, Massachusetts 01760. The description of the premises contained in said mortgage shall control in the event of any typographical error in this publication.
Other terms, if any, to be announced at the time and place of sale.

WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST VIII-C

Present holder of said mortgage,
By its attorney,

Michael J. Murphy
Murphy & Lupan, P.A.
5 Commonwealth Road
Natick, MA 01760
Tel: (508) 650-9252


COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 001058
ORDER OF NOTICE

TO:
Robert W. Keefe, as Proposed Executor of the Estate of Priscilla Ann Ness, Robert W. Keefe, The Heirs, Devisees and Legal Representatives of the Estate of Priscilla Ann Ness, The Heirs, Devisees and Legal Representatives of the Estate of Arlene M. Holt, Lewis P. Holt, Douglas A. Holt, The Heirs, Devisees, and Legal Representatives of the Estate of Bruce Holt, Christine Holt, Courtney Holt, Matthew Holt, The Heirs, Devisees and Legal Representatives of the Estate of Beverly L. King, Gary E. King, Patricia Desgrosseilliers, Peter R. King, Jeffrey S. King, David J. King, The Heirs, Devisees and Legal Representatives of the Estate of Herbert Ness, The Heirs, Devisees and Legal Representatives of the Estate of Wayne Maurice Silva, Donna J. Simoneau, Linda C. Vanness, Richard Ness, The Heirs, Devisees and Legal Representatives of the Estate of Thomas W. Ness, Stacie Ness a/k/a Stacia Ness, Sandra A. Spagone a/k/a Sandra A. Lewis, Allyson Ness, Bradford Ness

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

GITSIT Solutions LLC

claiming to have an interest in a Mortgage covering real property in East Wareham, numbered 271 Plymouth Avenue, given by Priscilla Ann Ness and Yolanda M. Keefe to Wells Fargo Bank, N.A., dated May 8, 2007, and registered at Plymouth County Registry District of the Land Court as Document No. 622422 and noted on Certificate of Title No. 100246, 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 7/8/2024 or you may lose the opportunity to challenge the foreclosure on the ground of noncompliance with the Act.

Witness, GORDON H. PIPER
Chief Justice of this Court on 5/23/2024
Attest: Deborah J. Patterson, Recorder


NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE
615 Main Street, Wareham, MA 02571

By virtue and in execution of the Power of Sale contained in a certain mortgage given by 1111 Tipping Point LLC to Signature Lending, LLC, dated June 16, 2023, and recorded in the Plymouth County Registry of Deeds in Book 58013, Page 22, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 11:00 A.M. on June 13, 2024 on the mortgaged premises located at 615 Main Street, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

To wit:

All of the interest in the real estate located at 615 Main Street, Wareham, Plymouth County, Massachusetts and said land together with the buildings and improvements thereon is bounded and described as follows:

The land in that part of Wareham, Plymouth County, Massachusetts, together with the buildings thereon, near Smith’s Corner (so-called) on the Northerly side of the Main State Highway leading from Wareham to South Wareham and bounded and described as follows:

Beginning at a stake in the line of the State Highway, it being the southwesterly corner of the land now or formerly of Howard W. Bradley;

Thence running North by land of said Bradley, Two hundred and no/100 (200.0) feet to a stake;

Thence turning and running westerly by other land now or formerly of Robert L. Vose, Seventy-five and no/100 (75.0) feet to a stake;

Thence turning and running southerly by other land now or formerly of Robert L. Vose, Two hundred and no/100 (200.0) feet to a stake in the line of the Main State Highway;

Thence Easterly in line of the Main State Highway, Seventy-five and no/100 (75.0) feet to the first mentioned bound and point of beginning.

Containing fifteen thousand square feet.

Together with all rights, privileges and easements connected therewith and subject to restrictions and easements of record insofar as same are in force and applicable.

For Grantor’s Title, see Deed recorded in the Plymouth County Registry of Deeds in Book 58013, Page 19.

Premises to 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 Ten Thousand Dollars ($10,000.00) 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 wire transfer or certified check at the Law Offices of Robert Pellegrini, Inc., d/b/a PK Boston Law, 63 Main Street, Suite 1, Bridgewater, MA 02324 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. In the event of an error in this publication, the description of the premises contained in said mortgage shall control.

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

Signature Lending, LLC
Present holder of said mortgage

By its Attorneys,
PK Boston Law
63 Main Street, Suite 1
Bridgewater, MA 02324
(508) 807-1131

Wareham Week
May 23, 2024, May 30, 2024 and June 6, 2024


ZONING BOARD OF APPEALS
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Zoning Board of Appeals will hold a public hearing on June 26, 2024, at 6:30 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition # 27-24 for a Variance(s) from the requirements of Article 11, Section 1128, Section 1167 and Section 1172 under the Wareham Zoning By-Laws, to TRT Wareham LLC. c/o KeyPoint Partners LLC. of 174 Colony Place, Plymouth, MA proposing to refurbish the existing pylon sign located at, 2991 Cranberry Hwy., Wareham, MA (Assessors Map 15, Lot C) in the CS zoning district.

Nazih Elkallassi, Chairman

First Notice: June 6, 2024
Second Notice: June 13, 2024


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 Sharon L. O’Donnell to Centex Home Equity Company, LLC, dated April 29, 2004 and recorded in Plymouth County Registry of Deeds in Book 28252, Page 170 (the “Mortgage”) of which mortgage Nationstar Mortgage LLC successor by merger to Centex Home Equity Company, LLC is the present holder, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 84 Swifts Beach Road a/k/a 84 Swift’s Beach Road, Wareham, MA 02571 will be sold at a Public Auction at 10:00 AM on July 1, 2024, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:

The land in Wareham, Plymouth County, Massachusetts, situated on the Easterly side of Swift’s Beach Road and being Lot #26 shown on plan entitled “Plan of Lots at Swift Lands--Wareham, Surveyed for the Estate of Louise S. Barrett, Scale 1” = 60’, April 30, 1956, Walter E. Rowley, Surveyor, West Wareham, Mass.” recorded with Plymouth County Registry of Deeds, Plan Book 10, Page 887, bounded and described as follows:

SOUTHWESTERLY by Swift’s Beach. Road, sixty-nine and 61/100 (69.61) feet;

NORTHWESTERLY by Lot #25, one hundred twelve and 50/100 (112.50) feet;

NORTHEASTERLY by remaining land of hairs of Louise S. Barrett, one hundred and 21/100 (100.21) feet;

SOUTHEASTERLY by Locust Avenue, eighty-seven and 64/100 (87.64) feet; and

SOUTHERLY by the intersection of Swifts Beach Road and Locust Avenue by a curve as shown on said plan, thirty-nine and 97/100 (39.97) feet.

Containing 10,800 square feet, more or less.

Together with all rights, privileges and easements connected therewith and subject to restrictions and easements of record and are hereby conveyed subject to any building and zoning law requirements which may be in force and applicable.

For mortgagor’s title see deed recorded with the Plymouth County Registry of Deeds in Book 15492, Page 320.

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.

Nationstar Mortgage LLC successor by merger to Centex Home Equity Company, LLC
Korde & Associates, P.C.
900 Chelmsford Street
Suite 3102
Lowell, MA 01851
(978) 256-1500
O’Donnell, Sharon L., 23-044329


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 Ted Owens and Lisa Marie Owens to Joseph M. Gonsalves dated May 25, 2006 and recorded with Plymouth County Registry of Deeds at Book 32778, page 79, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 1:00 PM on Wednesday, July 17, 2024 on the mortgaged premises located at 23 Windsor Drive, Wareham, MA 02571, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,

TO WIT:
The land in Wareham, Plymouth County, Massachusetts bounded and described as follows:

Beginning at the Southwesterly corner of the premises hereby conveyed, at the Southeasterly corner of Lot 69 as shown on a plan hereinafter mentioned in the northerly sideline of Windsor Drive;
Thence North 29° 34’ 37” East by said Lot 69, one hundred sixty-seven and 44/100 (167.44) feet to land now or formerly of David B. Mann, as shown on said plan;
Thence 86 ° 36’ 52” East by said Mann land, ninety-six and 36/100 (96.36) feet to a corner;
Thence South 64° 45’ 35” East by said Mann land, fifty-two and 60/100 (52.60) feet to the Northwesterly corner of Lot 71, as shown on said plan;
Thence South 25° 14’ 25” West by said Lot 71, one hundred sixty-two and 89/100 (162.89) feet to the Northerly sideline of Windsor Drive;
Thence Westerly by said Windsor Drive in a left-hand curve (the radius of which is one hundred twenty-five (125) feet) twenty-four and 85/100 (24.85) feet;
Thence North 79° 51’ 38” West by said Windsor Drive, one hundred thirty-five (135) feet to the point of beginning.
Containing 25,047 square feet, more or less, and being shown as Lot 70 on a plan of “Subdivision of Land to be known as Melwood, owned by Henry L. & Jayne A. Cerkovitz, dated September 22, 1971, Walter E. Rowley & Associates, West Wareham, Mass.” recorded in Plan Book 16, Page 407.

For mortgagor’s title, see deed recorded at Book 32778, page 79. Also see Land Court docket number 23 SM 002788.

The 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; tenancy or occupation by persons on the premises now or at the time of said auction which tenancy or occupation are subject to said mortgage and to all rights or claims in personal property now located on the premises belonging to said tenants or occupants, and also to all laws and ordinances, including but not limited to all building and zoning laws and ordinances; 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, created prior to the said mortgage which is being foreclosed, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed.
TERMS OF SALE:
A deposit of Five Thousand ($ 5,000.00) dollars by cash, certified or bank check will be required to be paid by the purchaser at the time and place of sale. The successful bidder will be required to sign a Memorandum of Sale containing the terms of the Auction Sale. The Mortgagee reserves the right to postpone the sale to a later date by public proclamation at the time and date appointed for the sale and to further postpone at any adjourned sale date by public proclamation at the time and date appointed for the adjourned sale date. The balance is to be paid by certified or bank check at the Law Office of Shapiro Legal Group, PLLC, Jordan L. Shapiro, Esq., 105 Salem Street, Malden, MA 02148 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 in good funds.
Other terms, if any, to be announced at the sale.

BRIAN GONSALVES, Personal Representative of
The estate of Joseph M. Gonsalves
Present holder of said mortgage,
BY HIS ATTORNEY,
Jordan L. Shapiro
Shapiro Legal Group PLLC
105 Salem Street
Malden, MA 02148
781 324 5200
Email: jslawma@aol.com


PLANNING BOARD
54 Marion Road
Wareham, MA 02571

NOTICE OF PUBLIC HEARING

The Wareham Planning Board will hold a public hearing on June 24, 2024, at 6:00 p.m. in Room 520 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #5-24 for a Definitive Subdivision Plan of Land of Tobia Way under the requirements of M.G.L Chapter 41, Section 81-L, to Christian E. Tobia of 5 Crooked River Road, Wareham, MA proposing a (2) Lot Subdivision, located at 5 Crooked River Road & 0 Crooked River Road, Wareham, MA., Assessors Map 40, Lot(s) 1002, 1020, 1021, & 1022 in the R-30 zoning district.

Wareham Planning Board
Michael King, Chairman
First Notice: June 6, 2024
Second Notice: June 13, 2024