Legal Advertisements - Week of August 3, 2023

Aug 3, 2023
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 Robert Fuller to Bank of America, NA, dated March 22, 2007 and recorded in Plymouth County Registry of Deeds in Book 34723, Page 248 (the “Mortgage”) 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 Bank of America, N.A. to Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-
14BTT dated October 17, 2015 and recorded at said Registry of Deeds in Book 46262, Page 302, and Assignment from Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-
14BTT to Wilmington Savings Fund Society, FSB, not in its individual capacity, but solely as trustee for BCAT 2020-1TT dated June 24, 2020 and recorded at said Registry of Deeds in Book 53067, Page 38, and Assignment from Wilmington Savings Fund Society, FSB, not in its individual capacity, but solely as trustee for BCAT 2020-1TT to MCLP Asset Company, Inc. dated November 19, 2021 and recorded at said Registry of Deeds in Book 56241, Page 295, and Assignment from MCLP Asset Company, Inc. to U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust dated December 8, 2021 and recorded at said Registry of Deeds in Book 56241, Page 298, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 7 Cliff Avenue, Wareham, MA 02571 will be sold at a Public Auction at 10:00 AM on August 23, 2023, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage, to wit:
 
ALL THAT CERTAIN PROPERTY SITUATE IN WAREHAM, COUNTY OF PLYMOUTH, COMMONWEALTH OF MASSACHUSETTS, BEING MORE PARTICULARLY DESCRIBED IN A DEED RECORDED 05/18/2004 IN BOOK 28236, AT PAGE 346, AMONG THE LAND RECORDS OF THE COUNTY SET FORTH ABOVE.
 
KNOWN AS: 7 CLIFF AVE
 
The land, together with the buildings thereon, now known as and numbered 7 Cliff Avenue, situated in Wareham, Plymouth County, Massachusetts, on the southerly side of Arnold Road and comprising in the westerly half of Lot 531 and the whole of Lot 530 as shown on a plan entitled “Plan of Resubdivision of Lots, Swifts Neck, Wareham, Mass. Dated May 4, 1933, by Arnold E. Shaier, C.E.” recorded with the Plymouth County Registry of Deeds at Plan Book 5, Page 237, said premises being bounded and described as follows:
 
On the NORTHWEST: by Arnold Road, as shown on said Plan, fifty-one and 00/100 (51.00) feet,
 
On the NORTHEAST: by the easterly half of Lot 531, as shown on said Plan, forty-eight and 33/100 (48.33) feet;
 
On the SOUTHEAST: by Lots 546 and 547, as shown on said Plan, fifty-one and 00/100 (51.00) feet; and 
 
On the SOUTHWEST: by Cliff Avenue, as shown on said Plan, forty-eight and 33/100 (48.33) feet.
 
Together with the rights and privileges and appurtenances thereto and all buildings and land improvements thereon;  but subject to all easements, rights-of-way, reservations, restrictions and encumbrances of record, to all zoning laws and ordinances, and to any state of facts that an accurate survey or inspection of the premises would show.
 
     For mortgagor’s title see deed recorded with the Plymouth County Registry of Deeds in Book 28236, Page 346.
 
     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
Brown, Angela, 18-031361

 
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 August 23, 2023 at 6:30 p.m. in Room 320 of the Wareham Multi Service Center, 48 Marion Road, Wareham, MA  02571 to consider Petition # 30-23 for a Variance from the requirements of Article 11, Section 1160, 1162 and 1172; paragraph 2, note 3 under the Wareham Zoning By-Laws, to Wareham Fire District of 2550 Cranberry Highway, Wareham, MA seeking to add a Two Sided Digital Message Display Sign at 271 Main Street, Wareham, MA (Assessors Map 47, Lot 1151) in the WV-1 zoning district.
 
Nazih Elkallassi, Chairman
 
First Notice:  August 3, 2023
Second Notice: August 10, 2023

CITATION ON PETITION FOR FORMAL APPOINTMENT OF SUCCESSOR 
PERSONAL REPRESENTATIVE
Commonwealth of Massachusetts
The Trial Court
Plymouth Probate and Family Court
52 Obery St. Suite 1130
Plymouth, MA  02360
Docket No. PL22P1280EA
 
Estate of: Darlene Rose McGrath
Also known as: Darlene Rose Ritchie
Date of Death: 04/01/2021
 
To all interested persons:
Denise McGrath of Wareham MA
 
requesting that the Court enter a formal Decree and Order that
 
Denise McGrath of Wareham MA
be appointed as Successor Personal Representative(s) of said estate to serve With Personal Surety on the bond and for such other relief as requested in the Petition.
 
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 08/24/2023.
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.  
 
The estate is being administered under formal procedure by the Personal Representative under the Massachusetts Uniform Probate Code without supervision by the Court.  Inventory and accounts are not required to be filed with the Court, but recipients are entitled to notice regarding the administration from the Personal Representative and can petition the Court in any matter relating to the estate, including distribution of assets and expenses of administration.
 
Witness: Hon. Edward G. Boyle, 
      First Justice of this Court
Date: July 27, 2023
Matthew J. McDonough, Register of Probate

 
NOTICE OF MORTGAGEE’S SALE 
OF REAL ESTATE
 
   Premises: 21 Camardo Drive, Wareham, Massachusetts 02571, By virtue and in execution of the Power of Sale contained in a certain mortgage given by Scott A. Kinsman, Walter P. Nee and Colleen M. Nee-Kinsman to SunTrust Mortgage, Inc, dated January 13, 2003, and recorded with the Plymouth County Registry of Deeds in Book 23930 at Page 21, as affected by an assignment of mortgage to Federal National Mortgage Association, dated July 1, 2013, and recorded with said Registry in Book 43309 at Page 326, as affected by an assignment of mortgage to US Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust, dated November 5, 2021, and recorded with said Registry in Book 56051 at Page 267, of which mortgage the undersigned is the present holder by assignment, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold by Public Auction at 12:00 o’clock P.M. on the 17th day of August, 2023 at the mortgaged premises located at 21 Camardo Drive, Wareham, MA 02571, Plymouth County, Massachusetts, all and singular the premises described in said mortgage, To wit: The land at 21 Camardo Drive, Wareham, Plymouth County, Massachusetts being shown as Lot 172 shown on a plan entitled, “Modified Subdivision Plan of Pine Tree Estates Wareham, Mass. Being a Revision and Modification of the Plan of Pine Tree for Wm. D. Parker”, dated April 20, 1972. By Walter E. Rowley & Associates, Inc., recorded with Plymouth County Registry of Deeds, Plan Book 16, Page 621, bounded and described as follows:  WESTERLY by Camardo Drive, one hundred (100) feet; NORTHERLY by Lot 171 as shown on a plan hereinafter mentioned, one hundred one and 06/100 (101.06) feet; EASTERLY by the land of Shady Lane Cranberry Co., as shown on said plan, one hundred (100) feet; SOUTHERLY by Lot 173, as shown on said plan, one hundred one and 06/100 (101.06) feet.  Said Premises are subject to the following encumbrances: 1. Rights in the roadways set forth in a Deed from Anthony J. Camardo and William D. Parker, dated September 20, 1971, recorded with said Deeds, Book 3711, Page 457; 2. Easement to New Bedford Gas and Edison Light Company, et al, dated December 14, 1971, recorded with said Deeds, Book 3738, Page 774; 3. Covenants set forth in a Declaration by Cromesett Road Corp., dated April 5, 1972, recorded with said Deeds, Book 3765, Page 120, so far as the same are now in force and effect.; 4. Taking by the Town of Wareham for the layout of Camardo Drive, dated May 29, 1976, recorded with said Deeds, Book 4168, Page 505. For Mortgagors’ title, see deed dated January 13, 2003, and recorded in Book 23930, at Page 19 in the Plymouth County Registry of Deeds. 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. High bidder to sign written memorandum of sale upon acceptance of the high bid. The balance of the purchase price is to be paid by certified or bank check at Friedman Vartolo LLP, 85 Broad Street, Suite 501, New York, New York 10004, within thirty (30) days from the date of the 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. 
US Bank Trust National Association, not in its individual capacity but solely as Owner Trustee for VRMTG Asset Trust, Present holder of said mortgage by its Attorneys, Friedman Vartolo LLP 85 Broad Street, Suite 501, New York, New York 10004

 


THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 23 SM 002903
ORDER OF NOTICE
 
To:
James R. Ahlgren
 
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
 
PennyMac Loan Services, LLC
 
claiming to have an interest in a Mortgage covering real property in East Wareham (Wareham), numbered 250 Plymouth Avenue, given by James R. Ahlgren to Mortgage Electronic Registration Systems, Inc., as nominee for FBC Mortgage, LLC, dated March 15, 2017, and registered at the Plymouth County Registry District of the Land Court as document number 757005, and noted on certificate of title number 124862, as modified by a certain modification agreement dated March 8, 2022, and registered with the Plymouth County Registry District of the Land Court as Document No. 834879 as noted on Certificate of Title No. 124862 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 September 11, 2023, 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 July 25, 2023.
 
Attest: Deborah J. Patterson, Recorder
23510

 
TOWN OF WAREHAM
SELECT BOARD 
54 Marion Road
Wareham, Massachusetts 02571
(508) 291-3100
 
NOTICE OF PUBLIC HEARING
 
Notice is hereby given that the Select Board has received an application for:
 
Transfer of an existing Common Victualler All Alcoholic Beverages License from Stevie B’s, Inc. d/b/a Onset Sports Resort, Inc. to Bebos Sports Grille LLC, d/b/a Bebo’s Sports Grille, 270 Onset Avenue, Wareham, MA. 02538, under the provisions of Chapter 138 of the Massachusetts General Laws for the year 2023.
 
One level building totaling 3613 sq ft. Gross interior area is 3035 sq ft, enclosed patio is 538 sq ft. One level with a kitchen, bar, dance floor, stage, booth, office, storage room, bathrooms, seating area on main floor, and pool table area. Building has two entrances and three exits. Enclosed patio, outdoor seating consisting of six tables and service bar with three stools. 
 
It is ordered:  That a virtual public hearing be held on said application within the Select Board’s Meeting at approximately 7:15 p.m. on the 15th of August, 2023.
 
To join meeting:
    Passcode: 962288
    One tap mobile:
    +19292056099 (New York)
    +13017158592 (Washington DC)
 
 Webinar ID: 832 5892 5070
    Passcode: 962288
 

CITATION ON PETITION
TO CHANGE NAME
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Plymouth Probate and Family Court
52 Obery Street, Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL23C0139CA
 
In the matter of: Laila Seren Gildersleeve
 
A Petition to Change Name has been filed by Laila Seren Gildersleeve of requesting that the Court enter a Decree changing their name to:Laila Seren Carbone
 
IMPORTANT NOTICE
Any person may appear for purposes of objecting to the petition by filing an appearance at: Plymouth Probate and Family Court before 10:00 a.m. on the return day of 08/30/2023. 
This is NOT a hearing date, but a deadline by which you must file a written appearance if you object to this proceeding. 
 
Witness: Hon. Edward G. Boyle, 
     First Justice of this Court
Date: July 24, 2023
Matthew J. McDonough, Register of Probate

 
WAREHAM PLANNING BOARD
54 Marion Road
Wareham, MA 02571
 
NOTICE OF PUBLIC HEARING
 
Notice is hereby given pursuant to Section 5 of the State Zoning Act, MGL c.40A, that the Wareham Planning Board will hold a public hearing on Monday, August 14, 2023 at 6:00pm in the Multi-Service Center, 48 Marion Road to discuss the following proposed amendments to the Wareham Zoning By-Laws:
 
ARTICLES FOR TOWN MEETING – AMEND THE WAREHAM ZONING BYLAWS AS FOLLOWS:
 
Article: To see if Town Meeting will vote to amend the Zoning Bylaws: Article 3: Updates to section 320, 330, and 340 to be consistent with amendments to Site Plan Reviews and Special Permits, amendments to Solar by-laws under section 590, and a new Battery Energy Storage by-law.
Article: To see if Town Meeting will vote to amend the Zoning Bylaws: Article 5: Amendments to Section 590, and a new section dealing with battery energy storage.
 
Article: To see if Town Meeting will vote to amend the Zoning Bylaws: Article 12: Delete section 1216.9 which excludes Special Permits from all of Article 12 regulations.
 
Article: To see if Town Meeting will vote to amend the Zoning Bylaws: Article 14: Re-write the administrative processes for Land Use regulation.
 
Article: To see if Town Meeting will vote to amend the Zoning Bylaws: Article 15: Re-write for land use permit reviews and criteria.
 
Article: To see if Town Meeting will vote to amend the zoning bylaws: Article 16: Update the definitions.
Article: To see if Town Meeting will vote to amend the zoning bylaws: Article 5: Amend section 540, the cell tower Zoning Bylaw, to allow co-location of municipal service.
 
Copies of the amended bylaws are on file with the Town Clerk and the Planning Office.
 
Michael King, Chairman
 
First Notice:  July 27, 2023
Second Notice: August 3, 2023
 

CITATION ON PETITION
TO CHANGE NAME
Commonwealth of Massachusetts
The Trial Court
Probate and Family Court
Plymouth Probate and Family Court
52 Obery Street, Suite 1130
Plymouth, MA 02360
(508) 747-6204
Docket No. PL23C0155CA
 
In the matter of: Karly Maria Defreitas
 
A Petition to Change Name of Minor has been filed by Karly Maria Defreitas of Wareham, MA requesting that the Court enter a Decree changing their name to:Karly Maria Oliveira
 
IMPORTANT NOTICE
Any person may appear for purposes of objecting to the petition by filing an appearance at: Plymouth Probate and Family Court before 10:00 a.m. on the return day of 08/21/2023. 
This is NOT a hearing date, but a deadline by which you must file a written appearance if you object to this proceeding. 
 
Witness: Hon. Edward G. Boyle, 
     First Justice of this Court
Date: July 20, 2023
Matthew J. McDonough, Register of Probate