Legal Advertisements - Week of March 7, 2024
NOTICE OF MORTGAGEE’S
SALE OF REAL ESTATE
Premises: 151 Swifts Beach Road, Wareham, MA 02571
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Justice Machado to Mortgage Electronic Registration Systems, Inc., as Mortgagee, as nominee for Residential Mortgage Services, Inc., and now held by Freedom Mortgage Corporation, said mortgage dated August 29, 2017 and recorded in the Plymouth County Registry of Deeds in Book 48855, Page 328, as affected by a Loan Modification dated August 26, 2021 and recorded in the Plymouth County Registry of Deeds in Book 55894, Page 114; as affected by a Loan Modification dated December 7, 2022 and recorded in the Plymouth County Registry of Deeds in Book 57573, Page 12; said mortgage was assigned from Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for Residential Mortgage Services, Inc. to Freedom Mortgage Corporation by assignment dated September 12, 2022 and recorded with said Registry of Deeds in Book 57225, Page 316; for breach of the conditions in said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on April 19, 2024 at 10:00 AM Local Time upon the premises, all and singular the premises described in said mortgage, to wit:
Closing Date: August 29, 2017
Borrower(s): Justice Machado
Property Address 151 Swifts Beach Road, Wareham, MA 02571
The land with the buildings thereon situated in Wareham, Plymouth County, Massachusetts known as Swift’s Beach and being shown as Lot C on plan “Subdivision of Lot 175 and 176 Swift’s Beach, Wareham, Mass.” and recorded in Plan Book 8, Page 15.
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 August 28, 2017 and recorded in the Plymouth County Registry of Deeds in Book 48855, Page 325.
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.
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 Freedom Mortgage Corporation
Present Holder of the Mortgage
(401) 217-8701
ORDER OF NOTICE BY PUBLICATION
Trial Court of Massachusetts
The Superior Court
Plymouth County Superior Court - Brockton
72 Belmont Street
Brockton, MA 02301
Robert S. Creedon, Jr., Clerk of Courts
Plymouth County
Docket No. 2483CV00153
Case Name:
Cardoza, Robert F.
vs.
Any and all unknown heirs of the Estate of Clarice Remick, Gary H. Remick, and Sally A. Harlow, all late of Wareham, Plymouth County, MA
RE: Any and all unknown heirs of the Estates of Clarice Remick, Gary H. Remi
WHEREAS a civil action has been begun against you in our Superior Court by Robert F Cardoza wherein it is seeking to;
1. Have the Court adjudge and decree that the Plaintiff, Robert F. Cardoza, and no other, is the sole owner of, and exclusively holds all right, title, and interest in and to, the certain parcel of land situated at 200 Sandwich Road, Town of Wareham, Plymouth County, Massachusetts 02571, and shown as Lot 1058, on Map 133, of the Town of Wareham Assessors Maps, and as further described in the Deed of Clarice Remick, dated October 21, 1966, and recorded with the Plymouth County Registry of Deeds on November 7, 1966, in Book 3333, at Page 54.
2. Have the Court find that the Plaintiff has occupied and exclusively held the premises open and continuously since 2003 for more than twenty (20) years.
We COMMAND YOU if you intend to make any defense, that on 04/10/2024 or within such further time as the law allows you do cause your written pleading to be filed in the office of the Clerk of Court named above, in said Commonwealth, and further that you defend against such suit according to law if you intend any defense, and that you do and receive what the Court shall order and adjudge therein.
Hereof fail not, at your peril, or as otherwise said suit may be adjudged and orders entered in your absence.
It appearing to this Court that no personal service of the Complaint has been made on the defendant, plaintiff’s ex-parte motion for service by publication upon all unknown heirs is allowed, a copy of which is hereto attached and made part of this notice, it is ORDERED that notice of this suit be given to them by publishing, once a week for three consecutive weeks, the last publication to be at least 20-days before said return day in the:
Newspaper: Wareham Week
City/Town: Town of Wareham
Date issued: 02/28/2024
CLERK OF COURTS/ASST. CLERK
Robert S. Creedon, Jr.
PLANNING BOARD
54 Marion Road
Wareham, MA 02571
NOTICE OF PUBLIC HEARING
The Wareham Planning Board will hold a public hearing on March 25, 2024, at 6:00 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #4-24 for Special Permit for Site Plan Review from the requirements of Article 15, Section 1520 of the Wareham Zoning By-Laws, to Grace Lighthouse Fellowship of P.O. Box 1, Wareham, MA proposing to place modular buildings on engineered piers to be used as a church located at, 2703 Cranberry Highway (Assessors Map 133, Lot(s) 1000/B1 & 1000/C) in the CG zoning district.
Wareham Planning Board
Michael King, Chairman
First Notice: March 7, 2024
Second Notice: March 14, 2024
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 Kimberly A. Swiatek and Brett W. Swiatek, Sr. to ING Bank, FSB, dated September 5, 2006 and recorded on September 19, 2006 in Book 33379, Page 327, then assigned to Wilmington Savings Fund Society, FSB, as trustee of Stanwich Mortgage Loan Trust A by Assignment recorded September 6, 2022 in Book 57204, Page 278, then assigned to Total Property Solutions, LLC by Assignment recorded September 6, 2022 in Book 57204, Page 282, then assigned to RCG Note Partners, LLC by Assignment recorded September 6, 2022 in Book 57204, Page 289, then assigned to Scottsdale REI, LLC by Assignment recorded September 6, 2022 in Book 57204, Page 291, then assigned to Edward Brown by Assignment recorded September 6, 2022 in Book 57204, Page 298, all of the Plymouth County Registry of Deeds, 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 1 O’Clock P.M. on the 22nd day of March, 2024 at 310 Charge Pond Road, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,
To wit:
The land, with the buildings thereon, situated on the Westerly side of Charge Pond Road in the Town of Wareham, Plymouth County, Massachusetts, and being shown as Lot 48, Section 1 on a Plan entitled: “Seawood Springs, Wareham, Mass., owned by Point Grove Terrace, Inc.” dated Jan 25, 1971, drawn by Walter E. Rowley & Associates, and recordedwith the Plymouth County Registry of Deeds as Plan No. 122 of 1971 in Plan Book 15, Page 936, said Lot 48 being bounded and described according to said Plan as follows:
SOUTHEASTERLY by said Charge Pond Road, One Hundred and 00/100 (100.00) feet;
SOUTHWESTERLY by Lot 47, One Hundred Fifty and 00/100 (150.00) feet;
NORTHWESTERLY by land now or formerly of Pine Grove Terrace, Inc., One Hundred and 00/100 (100.00) feet; and
NORTHEASTERLY by land now or formerly of Pine Grove Terrace, Inc., One Hundred Fifty and 00/100 (150.00) feet.
Containing 15,000 square feet of land, more or less, according to said Plan.
Premises to be sold as-is 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, building and zoning laws, 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, rights of tenants or parties in possession, and attorney’s fees and costs.
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. Deposit to be increased to ten percent (10%) of the purchase price within five (5) business days of the auction sale. The successful bidder will be required to execute a sale agreement immediately after the close of bidding. The balance, plus a five percent (5%) buyer’s premium to the auction company, is to be paid to the Mortgagee’s attorney by certified or bank check or other check satisfactory to Mortgagee’s attorney 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 and buyer’s premium. 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. TIME WILL BE OF THE ESSENCE. 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.
EDWARD BROWN
Present holder of said mortgage
By its Attorney,
Law Offices of Keith K. Fuller
5300 Bigelow Commons
Enfield, CT 06082
TOWN OF WAREHAM
SELECT BOARD
54 Marion Road
Wareham, Massachusetts 02571
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Chapter 130, Section 60, of the Massachusetts General Laws, a public hearing will be held on Tuesday, March 19, 2024 at approximately 7:15 p.m. in the Multi-Service Center, Room 320, 48 Marion Road, Wareham, MA on the application of Daniel Ward, Ward Aquafarms, LLC, 51 North Falmouth Highway, North Falmouth, MA 02556 for Shellfish Grant No. W-2, said grant consist of approximately .01 acres, more or less. The proposed grant is bound by the following coordinates. Point 1- 41° 44’41.42”N 70°44’52. 56”W, Point 2- 41°44’40. 95”N 70°44’52. 71”W, Point 9 - - 41° 44’40.67”N 70° 44’51. 24”W, Point 10 - 41° 44’41.13”N 70°44’51.07”W, A more particular description may be obtained in the Select Board’s Office, Memorial Town Hall, 54 Marion Road, Wareham, MA.
Per Order
WAREHAM SELECT BOARD
Judith Whiteside, Chair
Jared S. Chadwick, Clerk
Alan H. Slavin
Ronald S. Besse
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 Paul Demarco, Jr., Angela Demarco to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., dated October 30, 2006 and recorded in the Plymouth County Registry of Deeds in Book 33627, Page 215, as modified by a certain modification agreement dated July 11, 2022, and recorded with said Plymouth County Registry of Deeds in Book 57350, Page 210, of which mortgage the undersigned is the present holder, by assignment from:
Mortgage Electronic Registration Systems, Inc. to The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-41CB, Mortgage Pass-Through Certificates, Series 2006-41CB, recorded on March 7, 2012, in Book No. 41067, at Page 11
for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 2:00 PM on March 19, 2024, on the mortgaged premises located at 1 Pheasant Avenue, Wareham, Plymouth County, Massachusetts, all and singular the premises described in said mortgage,
TO WIT:
The land, with the buildings thereon, situated in Wareham, Plymouth County, Massachusetts, described as follows: LOT 1 on a plan entitled: “Subdivision of Gateway Shores at Wareham, Owned by Gateway Shores, Inc.” dated February 21, 1967, modified March 21, 1967, Walter E. Rowley and Associates, Surveyors, recorded with the Plymouth County Registry of Deeds in Plan Book 14, Page 456, to the immediate sideline of the way(s) on which the same abut(s). Excepting the fee in and to any of the roads, streets, avenues and ways shown on the hereinbefore referred to Plan.
Less and except that portion taken for the layout of Pheasant Avenue by the Town of Wareham as shown on plan recorded with the Plymouth County Registry of Deeds in Plan Book 44, Page 951.
Subject to benefits and restrictions contained in Deed recorded with the Plymouth County Registry of Deeds in Book 17492, Page 40, insofar the same are still in force and applicable.
The above described premises are subject to and with the benefit of all such other rights, rights of way, easements, appurtenances, reservations and restrictions of record if there by any now in force and applicable.
The Mortgagors hereby agree that any and all rights set forth or declared in a Declaration of Homestead recorded in the Plymouth Registry of Deeds in Book 31727, Page 340, shall be and hereby are subordinate and junior in right to this mortgage to the same extent as if this mortgage had been executed and recorded prior in time to the execution and recording of said Declaration of Homestead.
For mortgagor’s(s’) title see deed recorded with Plymouth County Registry of Deeds in Book 22013, Page 198.
These 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, 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 Five Thousand ($5,000.00) Dollars 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 certified or bank check at Harmon Law Offices, P.C., 150 California St., Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389, 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. The description of the premises contained in said mortgage shall control in the event of an error in this publication.
Other terms, if any, to be announced at the sale.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2006-41CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-41CB
Present holder of said mortgage
By its Attorneys,
HARMON LAW OFFICES, P.C.
150 California St.
Newton, MA 02458
(617)558-0500
24950
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket Number: 24 SM 000709
ORDER OF NOTICE
To:
Heirs, Devisees and Legal Representatives of the Estate of William T. Littig; Cheryl A. Kaszanek; William F. Littig
and to all persons entitled to the benefit of the Servicemembers Civil Relief Act, 50 U.S.C. c. 50 §3901 (et seq):
Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2021-RPL4 Trust,
claiming to have an interest in a Mortgage covering real property in Wareham (East Wareham), numbered 215 Plymouth Avenue, given by William T. Littig and Jean M. Littig to Household Finance Corporation II, dated January 17, 2007, and registered in Plymouth County Registry District of the Land Court as Document Number 617107, noted on Certificate of Title Number 78980, 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 April 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 February 20, 2024.
Attest:
Deborah J. Patterson
Recorder