Legal Advertisements - Week of February 22, 2024

Feb 22, 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


THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION – HIGHWAY DIVISION
NOTICE OF A PUBLIC HEARING
Project File No. 605311

A Live Virtual Design Public Hearing will be hosted on the MassDOT website below to present the design for the proposed Bridge Replacement of Marion Road and Wareham Road (Route 6) Over the Weweantic River design-build project in Marion and Wareham, MA.

WHEN: 6:00-8:00 PM, Wednesday, February 28, 2024

PURPOSE: The purpose of this hearing is to provide the public with the opportunity to become fully acquainted with the proposed Bridge Replacement project of Wareham Road/Marion Road over the Weweantic River. All views and comments submitted in response to the hearing will be reviewed and considered to the maximum extent possible.

PROPOSAL: The proposed project consists of replacing two (2) bridges on US 6 over the Weweantic River. The bridges are separated by an approximate 400-foot-long causeway. The bridges and causeway will be widened to accommodate a wider shoulder and one 10-foot wide Shared Use Path on each side of the roadway. The Marion-Wareham bridge is currently a 2-span bridge and the Wareham bridge is currently a 3-span bridge. The span arrangement will remain the same however, the spans will be lengthened to accommodate a larger vertical profile while retaining the same hydraulic opening by building the abutments behind the existing abutments. The proposed project will provide bridge and roadway safety improvements and MassDOT will use staged construction to maintain one lane of traffic in each direction during construction. Pedestrian access will also be maintained throughout construction with the use of temporary sidewalks.

The Project will also include complete and partial removal of the existing bridge structures, roadway reconstruction, highway drainage improvements, salt marsh replication and protection, traffic and pedestrian management, pavement markings and signage, utility relocation/protection and all other related bridge and highway work.

A secure right-of-way is necessary for this project. Acquisitions in fee and permanent or temporary easements may be required. The Commonwealth of Massachusetts is responsible for acquiring all needed rights in private or public lands. MassDOT’s policy concerning land acquisitions will be presented in the hearing.

Project inquiries, written statements and other exhibits regarding the proposed undertaking may be submitted to Carrie E. Lavallee, P.E., Chief Engineer, via e-mail to massdotmajorprojects@dot.state.ma.us or via US Mail to Suite 7210, 10 Park Plaza, Boston, MA 02116, Attention: Major Projects, Project File No. 605311. Statements and exhibits intended for inclusion in the hearing transcript must be emailed or postmarked no later than ten (10) business days after the hearing is hosted.

This hearing is accessible to people with disabilities. MassDOT provides reasonable accommodations and/or language assistance free of charge upon request (e.g interpreters in American Sign Language and languages other than English, live captioning, videos, assistive listening devices and alternate material formats), as available. For accommodation or language assistance, please contact MassDOT’s Chief Diversity and Civil Rights Officer by phone (857-368-8580), TTD/TTY at (857) 266-0603, fax (857) 368-0602 or by email (MassDOT.CivilRights@dot.state.ma.us). Requests should be made as soon as possible and prior to the hearing, and for more difficult to arrange services including sign-language, CART or language translation or interpretation, requests should be made at least ten business days before the hearing. This hearing will be hosted, or a cancellation announcement posted, on the internet at https://www.mass.gov/orgs/highway-division/events

JONATHAN GULLIVER
HIGHWAY ADMINISTRATOR

CARRIE E. LAVALLEE, P.E.
CHIEF ENGINEER


TOWN OF WAREHAM
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 March 13, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #9-24 for an Appeal of Building Inspector Notice Of Violation regarding the merger of lots per the requirements of MGL Chapter 40A § 15 under the Wareham Zoning By-Laws, to Angeliki Decas c/o Jilian Morton, Esq. of 184 Main Street, Wareham, MA for the property located at, 5 Tower Terrace, Wareham, MA (Assessors Map 61, Lot LC-10) in the MR-30 zoning district.

Nazih Elkallassi, Chairman

First Notice: February 22, 2024
Second Notice: February 29, 2024


TOWN OF WAREHAM
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 March 13, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #7-24 for a Special Permit or a Variance from the requirements of Article 13, Section 1352 and Section 1353 under the Wareham Zoning By-Laws, to Robert and Jeannine Perry of 4 Wareham Lake Shores Drive, E. Wareham, MA proposing to remove existing 7’ x 9’ block and brick front entry stairs, then rebuilding and enclosing on existing footprint at the subject property located at, 4 Wareham Lake Shores Dr., Wareham, MA (Assessors Map 120, Lot 35) in the R-130 zoning district.

Nazih Elkallassi, Chairman

First Notice: February 22, 2024
Second Notice: February 29, 2024


TOWN OF WAREHAM
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 March 13, 2024, at 6:30 p.m. in Room 320 of the Wareham Multi-Service Center, 48 Marion Road, Wareham, MA 02571 to consider Petition #8-24 for a Variance to Mallory Decas c/o Attorney Jilian Morton of 184 Main Street, Wareham, MA proposing to build a three-bedroom, single-family dwelling which requires seeking relief from Building Commissioner’s denial based on merger of lots at the property located at, 11 Tower Terrace, Wareham, MA (Assessors Map 61, Lot LC17) in the MR-30 district.

Nazih Elkallassi, Chairman

First Notice: February 22, 2024
Second Notice: February 29, 2024


THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
Docket No. 24 SM 000512
ORDER OF NOTICE

To:
Richard Swingle
Shannon Small

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

U.S. Bank, National Association, as successor trustee to Bank of America, N.A. as successor by merger to LaSalle Bank N.A., as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-3

claiming to have an interest in a Mortgage covering real property in 11 Fourteenth Avenue, given by Richard Swingle and Shannon Small to “MERS”, Mortgage Electronic Registration Systems, Inc., a separate corporation that is acting solely as nominee for “Lender”, First Franklin Financial Corp., an Op. Sub. of MLB&T Co., FSB and its successors and assigns, dated April 11, 2007, and recorded in the Plymouth County Registry of Deeds in Book 34372, Page 10, 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 03/18/2024, 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 2/5/2024.
Attest:
Deborah J. Patterson
Recorder


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