Newrez LLC v McEntee

STATE OF VERMONT VERMONT SUPERIOR COURT RUTLAND UNIT, CIVIL DIVISION DOCKET NO: 639-12-17 RDCV NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC D/B/A SHELLPOINT MORTGAGE SERVICING. NEW PENN FINANCIAL, LLC D/B/A SHELLPOINT MORTGAGE SERVICING v. BRENDAN MCENTEE AND CITIMORTGAGE, INC. OCCUPANTS OF: 91 Saint Catherine Court, Wells VT MORTGAGEE’S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY UNDER 12 V.S.A. sec 4952 et seq. In accordance with the Judgment Order and Decree of Foreclosure entered June 19, 2019, in the above captioned action brought to foreclose that certain mortgage given by Brendan McEntee to Mortgage Electronic Registration Systems. Inc., as nominee for Nationstar Mortgage LLC, dated December 14, 2013 and recorded in Book 100 Page 288 of the land records of the Town of Wells, of which mortgage the Plaintiff is the present holder, by virtue of the following Assignments of Mortgage: (1) Assignment of Mortgage from Mortgage Electronic Registration Systems. Inc., as nominee for Nationstar Mortgage LLC to Nationstar Mortgage LLC dated July 18, 2017 and recorded in Book 106 Page 292 and (2) Assignment of Mortgage from Nationstar Mortgage LLC to New Penn Financial, LLC dba Shellpoint Mortgage Servicing dated October 11, 2019 and recorded in Book 109 Page 73, both of the land records of the Town of Wells for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 91 Saint Catherine Court, Wells, Vermont on September 24, 2019 at 11:30 AM all and singular the premises described in said mortgage, To wit: [ATTACHMENT TO A MORTGAGE DEED FROM BRENDAN MCENTEE AND VIRGINIA CALLERI TO CTX MORTGAGE COMPANY, LLC - 11 LAKES END COURT, WELLS, VERMONT. BEING ALL AND THE SAME LANDS AND PREMISES CONVEYED TO DONALD SHARON AND PATRICIA SHARON BY WARRANTY DEED OF UNITED COMPANIES LENDING CORPORATION, DATED MARCH 28, 2001 AND RECORDED IN BOOK 66, PAGE 71 OF THE TOWN OF WELLS LAND RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: "BEING ALL AND THE SAME LANDS AND PREMISES AWARDED TO UNITED COMPANIES LENDING CORPORATION BY JUDGMENT ORDER DECREE OF FORECLOSURE, DATED SEPTEMBER 15, 1999, RECORDED ON MARCH 27, 20001N BOOK 63, PAGE 587 OF THE TOWN OF WELLS LAND RECORDS AND CERTIFICATE OF NONREDEMPTION, DATED MARCH 20, 2000, RECORDED ON MARCH 27, 2000, BOOK 63, PAGE 586 OF SAID LAND RECORDS, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING ALL AND THE SAME PREMISES CONVEYED TO SOLOMON AND ESTELLE FARBER, HUSBAND AND WIFE, BY WARRANTY DEED OF ANN J. HITCHEN, DATED NOVEMBER 9, 1978 AND RECORDED IN BOOK 38, PAGE 339- 41 OF THE TOWN OF WELLS LAND RECORDS; SAID LANDS AND PREMISES MORE PARTICULARLY DESCRIBED THEREIN AS FOLLOWS: BEING ALL AND THE SAME LANDS AND PREMISES CONVEYED TO ANN J. HITCHEN BY WARRANTY DEED OF SAMUEL A. JONES AND PAULINE H. JONES, DATED JULY 21, 1975 AND RECORDED IN BOOK 37, PAGE 369 OF THE TOWN OF WELLS LAND RECORDS; BEING A PORTION OF THE PREMISES CONVEYED TO SAMUEL A. JONES AND PAULINE H. JONES BY DEED OF MAUDE GALLUP, A WIDOW, DATED SEPTEMBER 26, 1961 AND RECORDED IN THE WELLS LAND RECORDS IN BOOK 34 AT PAGES 172-173. REFERENCE IS MADE TO A SURVEY MAP PREPARED BY M H. WELCH, SURVEYOR, BEARING THE LEGEND 'JONES DEVELOPMENT II WELLS, VERMONT OCT 28, 1961." THE PREMISES HEREIN CONVEYED ARE INDICATED ON SAID SURVEY MAP AS LOTS 7 AND 8. THE COURSES AND DISTANCES HEREINAFTER SET FORTH ARE TAKEN FROM SAID SURVEY MAP AND SHALL BE CONTROLLING FOR ALL PURPOSES WHATSOEVER. SAID MAP IS FILED IN THE WELLS LAND RECORDS. BEGINNING AT THE POINT IN THE NORTHERLY SIDE OF LAKES END COURT, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF LOT 9, THENCE N 13 DEGREES 55' E ALONG THE EASTERLY LINE OF LOTS 9 AND 5 A DISTANCE OF 150 FEET, MORE OR LESS TO A POINT; SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF LOT NO. 6; THENCE S 79 DEGREES 20' E A DISTANCE OF 178 FEET, MORE OR LESS TO A POINT IN THE WESTERLY LINE OP LAKES END COURT; THENCE S 18 DEGREES W ALONG THE WESTERLY LINE OF LAKES END COURT A DISTANCE OF 150 FEET, MORE OR LESS, TO A POINT; THENCE N 79 DEGREES 20' E ALONG THE NORTHERLY SIDE OF LAKES END COURT A DISTANCE OF 169 FEET TO THE PLACE OF BEGINNING. MEANING TO CONVEY LOTS NO. 7 AND 8, AS 2 SEPARATE LOTS. ALSO CONVEYED HEREIN IS A RIGHT OF WAY OVER LAKES END COURT IT APPEARS ON THE AFORESAID SURVEY MAP, FOR THE PURPOSE OF INGRESS AND EGRESS ONLY TO AND FROM LOTS 7 AND 8, FROM AND TO NORTH STREET. THE MAINTENANCE OF SAID RIGHT OF WAY SHALL BE THE RESPONSIBILITY OF THE GRANTEE IN COMMON WITH OTHERS WHO ARE ENTITLED TO USE SAID RIGHT OF WAY. AS PART CONSIDERATION FOR THIS DEED, THIS CONVEYANCE IS MADE AND EXECUTED, SUBJECT TO THE FOLLOWING RESTRICTIVE COVENANTS WHICH ARE TO RUN WITH THE LANDS: ALL BUILDINGS ERECTED ON THE PREMISES SHALL BE OF GOOD STANDARD CONSTRUCTION, THE EXTERIOR SIDING SHALL BE OF GOOD QUALITY AND SUITABLE MATERIAL, AND ALL BUILDINGS, AND THE ENTIRE PREMISES SHALL BE OF GOOD APPEARANCE AND PROPERLY MAINTAINED. ANY BUILDING USED AS THE MAIN DWELLING HOUSE ON SAID PREMISES SHALL NOT BE LESS THAN TWENTY FEET (20’) BY TWENTY FOUR FEET (24') IN SIZE. EACH DWELLING SHALL BE EQUIPPED WITH INSIDE FLUSH TOILET CONNECTED TO A SUITABLE SEPTIC TANK OF AT LEAST THREE HUNDRED (300) GALLON CAPACITY PROPERLY ADEQUATE CAPACITY AND CONFINED SOLELY WITHIN THIS LOT. THERE SHALL BE NO OUTDOOR TOILETS OF ANY KIND. THE SEWAGE SYSTEM SHALL IN ALL RESPECTS COMPLY WITH THE REQUISITES OF THE VERMONT STATE DEPARTMENT OF HEALTH AND SANITATION. ANY FENCE, IF ERECTED, SHALL NOT BE MORE THAN FOUR FEET (4') IN HEIGHT FROM THE GROUND AND SHALL BE CONSTRUCTED OF WOVEN WIRE, WOODEN PICKETS OR SPLIT RAILS, OR ANY OTHER OPEN TYPE OFFENCE WHICH WILL NOT OBSTRUCT THE VIEW. ALL BUILDINGS SHALL BE ERECTED AT LEAST FOUR FEET (4’) FROM SIDE LOT LINES. THE PREMISES HEREIN CONVEYED SHALL NOT BE USED FOR ANY COMMERCIAL PURPOSE WHATSOEVER, EXCEPT THAT THE BUILDINGS THEREON MAY BE RENTED FOR USUAL COTTAGE PURPOSES. TRAILERS OR MOBILE HOMES SHALL NOT ERECTED, PLACED OR ALLOWED TO REMAIN ON THE WITHIN CONVEYED PREMISES. BEING THE SAME PROPERTY CONVEYED TO BRENDAN MCENTEE, SURVIVING SPOUSE OF VIRGINIA CALLERI NKA VIRGINIA A. MCENTEE, DECEASED BY DEED FROM DONALD SHARON JOINED BY HIS WIFE PATRICIA SHARON RECORDED 07/10/2006 1N DEED BOOK 83 PAGE 21, IN THE TOWN CLERK'S OFFICE OF RUTLAND, VERMONT. Reference is hereby made to the above instruments and to the records and references contained therein in further aid of this description. 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. TEN THOUSAND ($10,000.00) Dollars of the purchase price must be paid by a 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 by a certified check, bank treasurer's or cashier's check within sixty (60) days after the date of sale. The mortgagor is entitled to redeem the premises at any time prior to the sale by paying the full amount due under the mortgage, including the costs and expenses of the sale. Other terms to be announced at the sale. DATED : August 7, 2019 /S/ Rachel K. Ljunggren, Esq. By: Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032