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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
September 22, 2006     Barnstable Patriot
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September 22, 2006
 
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NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Luiz A. Sllva to Option One Mortgage Corporation,dated January 19, 2006 and recorded with Barnstable County Registry District of the Land Court as Document No. 1024403 and Noted on Certificate No. 179089 of which mortgage HSBC Bank USA, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 Asset Backed Pass-Through Certificates is the present holder by assignment, for breach of conditions of said mortgage and for the purpose of foreclosing the same, the mortgaged premises located at 27 Compass Circle, Hyannis, Massachusetts will be sold at a Public Auction at 2:30 P.M. on October 16, 2006, at the mortgaged premises, more particularly described below, all and singular the premises described in said mortgage ,to wit: The land together withthe buildings thereon, situated in the town of Barnstable (Hyannis), Barnstable County, Massachusetts is shown as LOT ,24 on Land Court Plan 17201-J filed with the Barnstable Registry District of the Land Court. Certificate of Title No. 179,089 Said LOT subject to the following: Easement to New England Telephone & Telegraph Co., et al, recorded as Document No. 1 1, 906 Road Taking recorded in Book 1398 Page 346. Also described as follows: The land together with the buildings and improvements thereon situated in, Barnstable (Hyannis), Barnstable County, Commonwealth of Massachusetts, shown as: LOT 24 Land Court Plan 17201-J Said land is subject to and has the benefit of any rights, restrictions, reserva- tions,easements,takings and any other encumbrances of record insofar as the same are in force and applicable. For mortgagor's title see deed recorded with the Barnstable County Registry District of the Land Court as Document No. 1024402 and Noted on Certificate No. 179089. 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 en- cumbrances 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. Termsofthe Sale: Cash,cashier's or certified check inthe 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 in cash or current funds in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde 8.Associates, P.C, 321 Billerica Road, Suite 210, Chelmsford, MA 01824-4100, c/o Sanjit S. Korde or such other time as may be designated by mortgagee. Other terms to be announced at the sale. HSBC Bank USA, as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 Asset Backed Pass-Through Certificates, present holder of said mortgage, by its attorney Sanjit S. Korde Korde & Associates, P.C. 321 Billerica Road, Suite 210 Chelmsford, MA 01824-4100 (978)256-1500 The Barnstable Patriot September 22, September 29 and October 6, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No: 327411 To: Joanne C McPhee and to all persons entitled to the benefit of the Servicemem- bers Civil Relief Act: Jomax. Ltd. claiming to be the holder of mortgage covering real property in Barnstable (Hyannis), numbered 800 Bearses Way, Unit #1NE Cape Crossroads Condominium given by Joanne C McPhee to Jomax Ltd., dated June 6, 2006 and registered with the Barnstable County Registry District of the LandCourt as Document No. 1035890 and noted on Certificate of Title No. C33-1NE, has filed with said court a complaint for authorityto foreclose saidmortgage inthe mannerfollowing: byentry and possession and exercise of power of sale. If you are entitledto the benefits of the Servicemem- bers Civil ReliefAct and you objectto such foreclosure you oryourattorney shouldfile a written appearance and answer in said court at Boston on or before the 16lh day of October 2006 or you may be forever barredfrom claimingthat such foreclosure is invalid under said act. Witness , KARYN F. SCHEIER, Chief Justice of said Court this 1st day of Sep- tember 2006. Deborah J. Patterson Recorder The Barnstable Patriot September 22, 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Barry O. Fuller to Mortgage Electronic Registration Systems, Inc. ("MERS"), acting solely as nominee for Lender (Full Spectrum Lending, Inc.) and Lender's successors and assigns dated September 15, 2004 and recorded in the Barnstable County Registry of Deeds in Book 19048, Page 221, 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 12:00 p.m. on Tuesday the 171* day of October, 2006, on the mortgaged premises located at 28 Freedom Road, Forestdale, Barnstable County, Massachusetts, all and singular the real estate described in said mortgage as follows: " . . the following described property located in the COUNTY of BARNSTABLE: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Exhibit A - Property Description Closing date: September 15, 2004 Borrower (s): Barry O. Fuller, Jr. Property Address: 28 Freedom Road, Forestdale, Massachusetts 02644 The land with any buildings thereon, now known as and numbered 28 Freedom Road, Sandwich, Barnstable County, Commonwealth of Massachusetts Said premises are shwon as lot number 18Aon a plan entitled "Otis Gardens, Section II", dated February 18, 1956, drawn by Charles N. Savery, recorded in Barnstable Registry of Deeds, in Plan Book 126, Page 131 Said premises containing 13,512 square feet, according to said plan Being the same premises conveyed to the herein named grantor(s) by deed recorded with the Barnstable County Registry of Deeds in Book 12826, Page 203. Parcel ID Number: 6-66 which currently has the address of 28 FREEDOM ROAD, FORESTDALE, Massachusetts 02644-1619 (Property Address"); TOGETHER with all the improvements now or hereafter erected on the property, and all easements, apputenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instru- ment All of the foregoing is referred to in this Security Instrument as the "Property" Said premises will be sold subject to and/or with the benefit of any and all restrictions, easements, improvements , covenants, outstanding tax title, municipal or other public taxes , assessments , liens or claims in the nature of liens, and existing encumbrances of record created prior to the mortgage, if any there be Said premises will also be sold subject to all leases and tenancies having priority over said mortgage, to tenancies or occupations by persons on the premises now or at the time of the said auction which tenancies or occupations are subject to said mortgage, to rights or claims in personal property installed by tenants or former tenants now located on the premises, and also to all laws and ordinances including, but not limited to, all building and zoning laws and ordinances. THE TERMS OF SALE: FIVE THOUSAND and 00/100 ($5 ,000.00), DOL- LARS will be required to be paid by bank or certified check only by the purchaser at the time and place of sale, and the balance of the purchase price shall be paid by bank or certified check in or within thirty-five (35) days thereafter with Attorneys Stanton & Davis, 1000 Plain Street, Marshfield, Massachusetts The successful bidder at the sale of the premises shall be required to sign a Memorandum of Sale of Real Property By Auctioneer containing the above terms at the Auction sale. Other terms, if any, to be announced at the time and place of the sale. SIGNED: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS"), ACTING SOLELY AS NOMINEE FOR LENDER (FULL SPECTRUM LENDING, INC) AND LENDER'S SUCCESSORS AND ASSIGNS Present Holder of Said Mortgage By: STANTON & DAVIS As its Attorneys FROM THE OFFICES OF Jon S. Davis, Esquire STANTON & DAVIS 1000 Plain Street Marshfield, MA 02050 (781)834-9181 The Barnstable Patriot September 22, September 29 and October 6, 2006 TOWN OF BARNSTABLE ACCESSORY AFFORDABLE APARTMENT PROGRAM NOTICE OF PUBLIC HEARING UNDER THE ZONING ORDINANCE 6:00 P.M. - OCTOBER 18, 2006 To all persons interested in, or affected by the Zoning Board of Appeals under Section 11, of Chapter 40A of the General Laws of the Commonwealth of Massachusetts, and all amendments thereto you are hereby notified that: Appeal 2006-095 Karram Chapter 40B Comprehensive Permit Calvin D, Karram & Gloria A. Karram have appliedto the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Town of Barnstable, more commonly termed the "Accessory Affordable Apartment Program." The applicants are seeking to convert an existing unpermitted one-bedroom apartment in the lower level of the principal residence into an accessory affordable apartment. The property is shown on Assessor 's Map 102 as Parcel 118, addressed 78 Blueberry Lane, Marstons Mills, MA in a Residential F Zoning District. Appeal 2006-096 Souza Chapter 40B Comprehensive Permit Jair Fatima Souza has applied to the Zoning Board of Appeals for a Comprehensive Permit under Chapter 40B of the General Laws of the Commonwealth of Massachusetts and in accordance with Section 9-14 of the Code of the Townof Barnstable, more com- monly termed the "Accessory Affordable Apartment Program." The applicant is seeking to convert an existing unpermitted two-bedroom apartment located in the lower level of the principal residence into an accessory affordable apartment. The property is shown on Assessor 's Map 289 as Parcel 101, addressed 65 Greenwood Avenue, Hyannis, MA in a residential B Zoning District. These Public Hearings will be held at 6:00 P.M. in the Barnstable Town Hall, 367 Main Street, Hyannis, MA, Hearing Room, 2"" Floor, on Wednesday, October 18, 2006. The Comprehensive Permit files may be reviewed at the Growth Management Department, 367 Main Street, 3rd Floor, Hyannis, MA. Gail Nightingale, Hearing Officer Zoning Board of Appeals The Barnstable Patriot September 22 and September 29, 2006 DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application Pursuant to M.G.L. Chapter 91 Waterways License Application Number W06-1707 Bay Road Realty Trust NOTIFICATION DATE: OCTOBER 2, 2006 Public notice is hereby given of the waterways application by Bay Road Realty Trust to construct and maintain a pier, float and ramp at 172 Bay Road, in the municipality of Barnstable (Cotuit), in and over flowed tidelands of Shoestring Bay The proposed project has been determined to be water-dependent The Department will consider all written comments on this Waterways application re- ceived within 30 days subsequent to the "Notification Date". Failure of any aggneved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9 13(4)© Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (508) 946-2730 Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing. by appointment only, at the address below Written comments must be addressed to David E Hill. Environmental Engineer, DEP Waterways Regulation Program 20 Riverside Drive, Lakeville, MA 02347 The Barnstable Patriot September 22. 2006 ¦ 1 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT PROBATE AND FAMILY COURT DEPARTMENT BARNSTABLE DIVISION DOCKET NO. 06P1246EP1 Estate of HELEN L. WISEMAN Late of BARNSTABLE In the County of BARNSTABLE Date of Death October 7, 2006 NOTICE OF PETITION FOR PROBATE OF WILL To all persons interested in the above captioned estate, a petition has been presented praying that a docu- ment purporting to be the last will of said decedent be proved and allowed, and that DAVID L WISEMAN of BARNSTABLE (COTUIT) inthe County of BARNSTABLE be appointed executor, named in the will to serve without surety. IF YOU DESIRE TO OBJECT THERETO, YOU OR YOUR ATTORNEY MUST FILE A WRITTEN APPEARANCE IN SAID COURT AT BARNSTABLE ON OR BEFORE TEN O'CLOCK IN THE FORENOON (10:00 AM) ON OCTOBER 10 2006 Inaddition,you mustfile awrit- ten affidavit of objections to the petition, stating specific facts and grounds upon which the objection is based, within thirty (30)days afterthe return day (orsuch other time as the court, on motion with notice to the petitioner, may allow) in accordance with Probate Rule 16. WITNESS, HON. ROBERT E. TERRY, ESQUIRE, First Justice of said Court at BARNSTABLE this day, September 11, 2006. FREDERIC P. CLAUSSEN Register of Probate The Barnstable Patriot September 22, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT Case No.: 327731 To: Damien Gonsalves, and to all persons entitled to the benefit of the Service- members Civil Relief Act: Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan Trust Series 2006-NC2, Asset Backed Pass- Through Certificates claiming to be the holder of mortgage covering real property in East Falmouth, numbered 18 Pinecrest Beach Drive given by Damien Gonsalves to New Century Mortgage Corporation dated January 9, 2006, recorded in the Barnstable County Registry of Deeds in Book 20645, Page 131 and now held by Plaintiff by assignment has filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale. If you are entitled to the benefits ofthe Servicemembers CivilRelief Act as amended and you object to such foreclosure you oryourattorney shouldfile a written appearance and answer in said court at Boston on or before the 23'" day of October 2006 or you may be forever barredfrom claimingthat such foreclosure is invalid under said act. Witness , KARYN F SCHEIER , Chief Justice of said Court this 7* day of Sep- tember 2006. Deborah J. Patterson Recorder The Barnstable Pi riot September 22, 2006 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT (Seal) Case No.: 327605 To: Daniel P. McCauley and Bernadette H McCauley and to all persons entitled to the benefit of the Servicemembers Civil Relief Act. Deutsche Bank National Trust Company, as Trustee for the Certificate- holders of Soundview Home Loan Trust 2005-OPT1, Asset-Backed Certificates, Series 2005-OPT1, claiming to be the holder of Mortgage covering real prop- erty in Osterville, numbered 106 Oldham Road given by Daniel P. McCauley and Bernadette H. McCauley to Option One Mortgage Corporation,datedApril6,2005, and recorded with the Barnstable County Registry of Deeds at Book 19699, Page 6, and now held by Plaintiff by assignment has/have filed with said court a complaint for authority to foreclose said mortgage in the manner following: by entry and possession and exercise of power of sale. If you are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you or your at- torney shouldfileawrittenappearance and answer in said court at Boston on or before the 23rd day of October 2006, or you may be forever barred from claiming that such foreclosure is invalid under said act. Witness: KARYN F. SCHEIER , Chief Justice of said Court this 7th day of Sep- tember 2006. Attest: Deborah J. Patterson Recorder (96.0060/McCauley)(09/22/06)(71421) The Barnstable Patriot September 22, 2006 MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Craig M. Lord and Nancy L. Maroney to Homeowners Loan Corp. dated February 28, 2004 filed and registered in the Barnstable County Registry District of the Land Court as Document No. 961526, as noted on Certificate Title No. 145089, which mortgage was assigned to JP Morgan Chase Bank, NA , As Trustee For CDC Mortgage Trust 2004-HE3 and registered in the Barnstable County Registry District of the Land Court as Document No 1,021,393 by instrument dated November 10, 2005, of which mortgage the undersigned is the assignee and 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 12:30 p.m. on Tuesday the 17"1 day of October. 2006, on the mortgaged premises located at 780 Wakeby Road, Marston Mills, Barnstable County Massachusetts, all and singular the real estate described in said mortgage as fol- lows: " the following described property located in the County of BARNSTABLE: SEE ATTACHED EXHIBIT "A" EXHIBIT A Situated in the City of Marstons Mills, County of Barnstable, State of Massachusetts, and being more particularly described as follows: Lot 1, on Petitioner's Plan entitled "Plan of Land" being a Subdivision of Land shown on Land Court case 37518A: Petitioner: Tani L. Collins, in Barnstable, Mass., by Paul R. Ryli, BSC/Cape Cod survey Consultants, dated June 27, 1986, filed in the Land Registration Office at Boston, a copy of which is filed in the Barnstable Regis- try of Deeds with Certificate of Title 8684, said plan being 37518-B. So much of said land, as is included within the area marked "New England Telephone and Telegraph Company Easement (60 ft. wide), "approximately shown on said plan, is subject to the easement set forth in a grant made by Fred L Williams et ux to New England Telephone & Company dated November 27. 1972 duly recorded in Book 1777 Page 225 of said Registry of Deeds The above legal description being the same as the last deed of record, no boundary survey having been made at the time of this conveyance BEING the same property conveyed to Craig M. Lord and Nancy L Maroney. as joint tenants, by deed from G E Capital Mortgage Services, Inc.. dated 7/3/97, recorded 7/7/97. Doc. No 699,051, in the Registry of Deeds of Barnstable County, Massachusetts. 780 Wakeby Rd . Marstons Mills. MA 02648 which has the address of 780 WAKEBY ROAD, MARSTONS MILLS, Massachusetts 02648 ("Property Address") TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also becovered bythis Security Instrument All of the forgoing is referred to in this Security Instrument as the "Property" Said premises will be sold subject to and/or with the benefit of any and all restrictions, easements , improvements, covenants, outstanding tax title, municipal or other public taxes, assessments, liens or claims in the nature of liens, and existing encumbrances of record created prior to the mortgage , if any there be Said premises will also be sold subject to all leases and tenancies having priority over said mortgage, to tenancies or occupations by persons on the premises now or at the time of the said auction which tenancies or occupations are subject to said mortgage, to rights or claims in personal property installed by tenants or former tenants now located on the premises, and also to all laws and ordinances including but not limited to. all building and zoning laws and ordinances THE TERMS OF SALE: FIVE THOUSAND and 00/100 ($5,000 00). DOL- LARS will be required to be paid by bank or certified check only by the purchaser at the time and place of sale, and the balance of the purchase pnce shall be paid by bank or certified check in or within thirty-five (35) days thereafter with Attorneys Stanton & Davis. 1000 Plain Street. Marshfield. Massachusetts The successful bidder at the sale of the premises shall be required to sign a Memorandum of Sale of Real Property By Auctioneer containing the above terms at the Auction sale Other terms, if any. to be announced at the time and place of the sale SIGNED JP MORGAN CHASE BANK. NA,AS TRUSTEE FOR CDC MORTGAGE TRUST 2004-HE3 Present Holder of Said Mortgage By: STANTON & DAVIS As its Attorneys FROM THE OFFICES OF, Jon S Davis. Esquire STANTON & DAVIS 1000 Plain Street Marshfield, MA 02050 (781)834-9181 The Barnstable Patriot September 22, September 29 and October 6, 2006 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 Michael P. McGuinness and Cynthia A. McGuinness to Mortgage Electronic Registration Systems, Inc., dated August 11, 2004 and recorded with the Barnstable County Registry of Deeds at Book 18936, Page 320, of which mortgage CountrywideHome Loans, Inc. 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 3:00 p.m. on October 16, 2006, on the mortgaged premises located at 96 Braley Jenkins Road, Centerville (Barnstable), Barnstable County, Massachusetts, all and singular the premises described in said mortgage , TO WIT: The land, together with the buildings and improvements thereon, situated in the Town of Barnstable (Centerville), County of Barnstable and Commonwealth of Massachu- setts, being shown as LOT 148 on plan of land entitled "Subdivision Plan of Land in Centerville, Barnstable, Mass. for Alan E. Small, Inc., Scale 1 in. = 50 ft. Date Sept. 3, 1974 Charies N. Savery, Inc., Registered Engineer-Surveyors, Hyannis, Mass.," which said plan is recorded in the Barnstable County Registry of Deeds in Plan Book 306, Page 17 through 24 inclusive. Beingthe same premises conveyedtothe herein named mortgagor (s) by deed recorded with Barnstable County Registry of Deeds in book 6393, Page 087. For mortgagors' title see deed recordedwith Barnstable County Registry of Deeds in Book 6393, Page 87 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 inforce 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, PC, 150 California Street, Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton High- lands, 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 COUNTRYWIDE HOME LOANS, INC Present holder of said mortgage By its Attorneys HARMON LAW OFFICES, PC Margaret M Wright, Esquire 150 California Street Newton. MA 02458 (617) 558-0500 The Barnstable Patriot September 22, September 29 and October 6. 2006 J^ med/ca/^^P^ reserve Mm corps r ^ Be informed. Be prepared. Be a volunteer. Emergency preparedness is everyone 's responsibility. www.capecodmrc.org 508-394-6811 BESURETO SAY'THANKS'FORUS... ^ I WhenYouPatronizeOurAdvertisers! f ) I COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT (Seal) Case No.: 327692 To: Jeffrey S. Boroczky and to all persons entitled to the benefit of the Servicemembers Civil ReliefAct. Wells Fargo Bank, NA as Trustee, claiming to be the holder of a mortgage covering real property in Centerville numbered as 37 Captain Lumbert Lane, given by Jeffrey S. Boroczky to New Century Mortgage Corporation dated December 31. 2003 and registered at the Barnstable County Registry District ofthe LandCourtas Docu- ment No. 954896 as noted in Certificate of Title No. 127854 and now held by Plaintiff by Assignment, has filed with said court a complaint for authority to foreclose said mortgage in the mannerfollowing: by entry and possession of and exercise of power of sale. If you are entitled to the benefits of the Servicemembers Civil Relief Act and you object to such foreclosure you or your attorneyshouldfileawrittenappearanceand answer in said court at Boston on or before the 23rd day of October 2006 or you may be forever barred from claiming that such foreclosure is invalid under said act. Witness,KARYNFSCHEIER,ChiefJustice of said Court this 7th day of September 2006. Deborah J. Patterson Recorder (2321.70/Boroczky)(09/22/06)( 71637) The Barnstable Patriot September 22, 2006