harmon notice of foreclosure sale_05 22 2015 - highlighted
DESCRIPTION
showing that the mortgagee and note holder are separate entitiesTRANSCRIPT
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HARMON LAW OFFICES, P.C.150 CALIFORNIA STREET
NEWTON, MASSACHUSETTS 02458TEL (6 1 7) 558-0500F AX (61'.7) 244-7304
Business Hours: Monday-Friday 8:00 AM-to 5:30 PMSERYING MASSACHUSETTS, NEW HAMPSHIRE AND RHODE ISLAND
May 22,2015
Mr. Tim A. Bryant5I ROGERS AVEWEST SPRINGFIELD, MA 01089
NOTICE OF MORTGAGE FORECLOSURE SI"LE
Re: HSBC Bank USA, National Association as Trustee for GSAA Home Equity Trust 2005-15, Asset-Backed Certificates, Series 2005-15 / Bryant, Tim A. and Michelle M.
Pursuant to Massachusetts General Laws, Chapter 244, Section 14, as amended, enclosed is a copy of theNotice of Mortgagee's Sale of Real Estate. Also enclosed is a Deficiency Notice.
This notice is provided to you because an examination of the record title shows that you held an interest ofrecord in the property thirty (30) days prior to the sale.
If you want to reinstate or payoff the mortgage, you may order a reinstatement or payoff 24 hours a dayon-line by going to www.hloreinstatement.com or to www.hlopayoff.com, Please follow the instructionscontained on the web page. Please note that only requests made by owners, borrowers, mortgagors andauthorized parties will be processed. You may also contact us during business hours to request areinstatement or payoff by calling (617) 558-0598. When completing the on-line form or when callingour office, please reference your Case Number 201202-0994, so that we may process your request morequickly.
Our experience has shown us that you are likely to benefit if you allow qualihed bidders at the foreclosuresale to enter and inspect the premises. This may result in a higher purchase price. If you are willing to allowqualified bidders to enter and inspect the premises, please be present at the time of the foreclosure sale.
HSBC Bank USA, National Association as Trustee for GSAA Home Equity Trust 2005-15, Asset-BackedCertificates, Series 2005-1 5Present holder of mortgageBy its Attorney,
Harmon Law Offices, P.C.
AFF/NRA/20 1 202-0994/Enclosure
PLEASE BB ADVISED THAT THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT ANDTIIAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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HARMON LAW OFFICES, P.C.I50 CALIFORNIA STREET
NEWTON, MASSACHUSETTS 02458TEL(617) s58-0500FAX (617) 244-7304
Busincss Hours: Monday-Friday 8:00 AM+o 5:30 PMSERVING MASSACHUSETTS. NEW HAMPSHIRE AND RHODE ISLAND
May 22,2015
NOTICE OF INTENTION TO FORECLOSE MORTGAGE AND OFDEFICIENCY AFTER FORECLOSI]RE OF MORTGAGE
To: Mr. TimA. Bryant51 ROGERS AVEWEST SPRINGFIELD, MA 01089
You are hereby notified, in accordance with the statute, of the intention of HSBC Bar,k USA,National Association as Trustee for GSAA Home Equity Trust 2005-15, Asset-Backed Certificates, Series2005-15, on or after J:une24,2015, to foreclose by sale under power of sale for breach of conditions, themortgage held by it on property situated at 80 Bradford Drive, Feeding Hills (Agawam), Massachusetts, saidmortgage dated September23,2005, and recorded with the Hampden County Registry of Deeds at Book15365,Page 423, said mortgage given to secure a note signed by you, for the whole or part of which you
may be liable to HSBC Bank USA, National Association as Trustee for GSAA Home Equity Trust 2005-15,
Asset-Backed Certificates, Series 2005-15 in case of a deficiency in the proceeds of the foreclosure sale.
No deficiency after the foreclosure sale may be pursued if you have obtained or will obtain a Chapter7 bankruptcy discharge that covers your obligation under the note secured by the mortgage referred to above.
No efforts to collect any deficiency may be undertaken without bankruptcy court approval while abankruptcy proceeding is pending.
HSBC Bank USA, National Association as Trustee for GSAA Home Equity Trust 2005-15, Asset-BackedCeflificates, Series 2005-15By its attorney,
Harmon Law Offices, P.C.
AFF/201202-0994
PLEASE BE ADVISED THAT THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT ANDTHAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
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Certification Pursuant toMassachusetts 209 CMR 18.21A(2Xc)
Mortgagor(s): Tim A. Bryant and Michelle M. BryantProperty Address: 80 Bradford Drive, Feeding Hills (Agawam), Massachusetts 01030-2728
l.Iarnaut1rorizedtosignthisaffidavit*il"JYtofNationstarMortgage LLC (Nationstar).
Nationstar services and maintains records for the mortgage loan account that is securedby the mortgage given to Mortgage Electronic Registration Systerns, Inc., dated September23,2005 and recorded with the Hampden County Registry of Deeds at Book 15365, Page423.
The infonnation in this certification is taken frorn (t) Nationstar's business records, and(2) information contained in the records of the County Registry of Deeds. I havepersonal knowledge of Nationstar's procedures for creating the records maintained byNationstar in connection with the loan. They are: (a) made at or near the time of theoccurrexce of the matters recorded by persons with personal knowledge of theinformation in the business record, or from infonnation transmitted by persons withpersonal knowledge; (b) rnade and kept in the usual and ordinary course of Nationstar'sregularly conducted business activities as a rnortgage loan servicer; and (c) created byNationstar as regular practice.
Before the servicing of this loan transferred to Nationstar, Specialized Loan ServicingLLC (Prior Servicer) was the seruicer for the loan and it maintained the loan servicingrecords. When Nationstar began servicing this loan, Prior Servicer's records for the loanwere integrated and boarded into Nationstar's systems, such that Prior Servicer's records,including the collateral file, payment histories, comrnunication logs, default letters,information, and documents conceming the Loan are now integrated into Nationstar'sbusiness records. Nationstar maintains quality control and verification procedures as partof the boardirrg process to ensure the accuracy of the boarded records. It is the regularbusiness practice of Nationstar to integrate prior servicers' records into Nationstar'sbusiness records and to rely upon those boarded records in providing its loan servicingfunctions. These Prior Servicer records have been integrated and are relied upon byNationstar as part of Nationstar's business records.
Nationstar services the above-referenced mortgage loan. You signed a promissory notesecured by a mortgage, Because you are in default on the terms and conditions of theabove-referenced mortgage, Nationstar has initiated a foreclosure on the mortgagedproperty in the name of, HSBC Bank USA, National Association as Trustee for GSAAHome Equity Trust 2005-15, Asset-Backed Certificates, Series 2005-15.
Tire current owner of the note is: Nationstar Mortgage LLC.
Page I of2
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5,
Nationsiar 209 Cert/Btyant, Tin A. andMichelle M.
201202-0994
MichelleHighlight
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6.
7.
A copy of the note, including any endorsements and/or allonges, if any, is attached tothis certification as Exhibit A.
Pursuant to my review of Nationstar's busiress records, the information contained inthe records of the Hampden county Registry of Deeds, and the title searchinformation described above, the full name of the current holder of the mortgage isHSBC Bank USA, National Association as Trustee for GSAA Home Equity Trust2005 - | 5, Asset-Backed Certifi cates, Seri es 2005- 1 5.
Pursuant to my review of the relevant business records andlor the records of thecounty recorder where the subject property is located and/or the title report, thefollowing is the (i) date, (ii) assignor, and (iii) assignee of each recorded assignmentof the subject mortgage, if any, frorn the date the Mortgage was first recorded:
by assigrunent from Mortgage Electronic Registration Systems, Inc. to BAC HomeLoans Servicing, LP flkla Countrywide Home Loans Servicing, LP dated May 16, 2011and recorded with said Regishy on May 19,2011 at Book 18776, Page 128and by assignment from Bank of America, N.A., successor by rnerger to BAC HomeLoans Servicing, LP flk/a Countrywide Home Loans Selicing, LP to HSBC Barik USA,National Association, as Trustee for the Holders of the GSAA Home Equity Trust 2005-15 dated April 10, 2012 and recorded with said Registry on April 17,2012 at Book79212,Page 475and by assigrunent from Bank of America, N.A. to Nationstar Mortgage LLC datedJuly 30, 2013 and recorded with said Registry on August 19,2013 at Book 19977,Page594
Signature
Denna Handli-nPrint
Document. Execlrti nn qpF.i ^
l istTitle
4/1?/2n1 cDate
8.
CERTIFICATION PURSUANI. TO IUASSACHUSETTS 209 C[{R IS.2IA(2Xc) Pagc 2 of 2
/Nationstar' 209 Cerl/Bryant, Tirn A. andMichelle M.
20t202-0994
MichelleHighlight
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(Page 1 ol 72,
7 ..tP,!p.red byr rrLlClA CABOSTOI O
THIS NOTE CONTAINSTO AN AOJUSTABLEI{OTE LIMITS THETIME AND T}IE
98PTEMBER 23t 2005lDrul
80 B
1. SORITOWER'S PROMISE lUIn rctum for a loan ftail have
plus intercst, to ths order of Lcndcr.COUNTRYI{IDE HOME IOANS,I will makc all paymcnLs undcr thi$
I undcrf,Bnd lh$ I$dcr may
ocroBER 01, 2035 ,Irle "Maurrity Datc."
I will rrlake ily moothlyP,o. Box 660694, DaIIas,or at a diftc.@t phc6 if rcquircd by
My monthly paymcnt *!ll boPaymeniDuc Darc, and thereafrctdcscribcd in Scction 4 of this Norcprior to thc datc ofchangc in rnonthl
(C) llonthly PcymcntChanSes in my fllonthly
pay. Thc Norc Holdcr $illSrdion 4 or 5 of Uis Notc,
principal uutil rhc full omount of Principal has bccn paid. I will pay intcrc* al a ycarlyI will pay mry chuogc in accrrdanoc wih Se{tion 4 of this No(e,
owo amoun8 undcr this Nolc, I will pay thcse amounu in full on lhrt dstc, $/hich is called
?5266-0594Notc Hoklcr.
J"OAN t! 114726037
'" ADruSTABLE RATE NOTE(Onc.Ycar Indcx (As Publishod in'Ihe Vira,ll Srreet Josrnal) - Rate Caps)
ALLOWNG FOF A CHANGE IN MY FIXEO INTEREST.RATEigT BATE AI{D FOR SHANCES IN MY MONTHLY PAYIIENT. THISMV ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE
RATE I MUST PAY.
FEgDING ITIIJIS MASSACIiUSETTStcittl lsBcl
DR, FEEDING HILIS, l.{A 0r03S-2?28lRsfctt Addr4l
Ipromisc topay U,S. $ 228, 000, 00 (thh amount ir callerl "Principal"),ts
in tbe form ofcosh, chcck or rnoncy order.this Note, Irnder or anyonc wbo lakcs Uris Note by uansfcr and who is entitled ao
recciYo paymcnb un&r this Note thc "Notc tloldcr."
2, INTEHEqTIotorest will bc chueBd oil
rate of 5.62: 96. Thc intercsrThc intcrcst rare rcquircd by Ssctiod 2 end Sccrion 4 of lhif Notc is lhe rarc I l{ill pay bolh bcforo rnd aftcr my dcfault
dcscribcd in Scc(iar ?@) of thi.l
3, PAYMENIS(A) Tlmc rnd Place ofI will matc a psymcnt on lhc i!si dey of cvery monrft, beginning on NoVEHBER 01, 2005
Bcfore the First Principal andthe iDle c.st duc on thc unpaid
Paymcnl Duo Datc as dcscribcd in Scction 4 oI thi$ Nolc, my paynrnt will cursist mly ofbalanc.e of this Notc. Thcruftcr, I will pay prhripal and intcre$ by nukiog a payrEnl
cvcry month &s providcd bclo*.I will make my montlrly of principal ard i0tcrcst beginning on the First Principrl 8od Inrcrcst Palmcnt Duc Dilc
as dcscribcd in Section 4 of thir I will rnskc lhcsc payilcntr cvcty rnorrrh until I havo paid 0ll of tho ptincipal and ioorsstand any othcr chargcs describcd that I may owc undcr thi$ Nolc. Bach monrhly payrrcnt will bc apglied as of itsschcdulcd due datc. snd if fte inch:dcs both prirrcipal and intcresl ir will be applied to intcctt beforc PrinciDal, If, on
(S) Anourt ol My Intltol Paymonlsamount of U,S, $ l, 05 L 75 bcforc the First Principd arrd Intctast
be in an amount sufticicnt to rcpay thc principal rnd intcrut 0[ thc rats dclcrmincd 8ssubslanlirlly cqurl instellmcnt$ by thc Mrurity Date. The Notc Holder will notify mc
rlaymcol.
will roflect changcs in the unpaid prrinctpai ofmy loan and in thc interest rals ftarI muntrny ncw inErcst nE and thc changut amount of my rnonthly gdymonl ir aocordatae with
cotw. UULTSTATE lnl.r6t o'ttr ADJUS:rAnE2O005-XX (0il00)(d)
ilililtfrffrilr'2399r'
NOTE. OI{E YEAN L|8OB INOEXPeFlol4
"*,,frDV
ilffi il1ilffi f, $ililffi ililffi ilffi riltrfi ffi |illilffi ilfi l[
il
au sal !1147200070000049E05
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lPage 2 ol 7L)
AND MONTHLY PAYMENT CHANCES
Thc iDitisl lixcd inlcrcst rerc I PAy vill Chrnge lO an adjuFtrblc inlddst raic on thc firstOCToBER, 2010 . and lhe interast rato I will pny may change on tll0f day evcry l2th moath $ccaBcr. Thcdotc on which my inidal fixed ratc changco ro an adjustoblc lntercst rarc, and eecb datc cx which my rdjuslablo intcrcsirate could cbangc, is csJJcd a
(D) Thc lndcxBcginning wirh the fint Changc my sdjustablc inlcrpst ralp will bc bascd m an lnder. Thc "lndcx" is tbc ovcrogc of
inErbank offcrcd lahs for ono'ycat dollar-dcnomhaEd dcp0rits in lhc lrn{ton mad(cl (LI8OR). as published ia'Ihc tllallStreet lounul.lhe most ro0co!Indcx,"
If the lndu is no longcr a drc Notc Holder will choooe a ncw indcx that i* ba.sed unon comlarsble information.Thc Nolc Xol(br will givc mc noticc
(C) Cslcrdrtion of ChcrycaBcforc cach Cftangc Datc, thc
TWO '
ONE-QUARTERHoldcr will celsulo{c my now intcrc$ nte by.ddirtpoiDls( 2,230 %)toth6Currenl Indcx.ThcNotcllolderwill thcn
round thc result of lhir addition to nearcst onc.cighlh of onc perccntagc point (0.125%). Subjcct lo hc littits stalcd inwill be my row inrcrest r:Ic unlil tho ncrt Changc Dslc.
thc amount of tho monthly paymcd that w
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(Page 3 ol 72)
eLOAN ll: 11{?25037
(C) Notlcc of DefsultIf I em in dcfaulq thc Note may $cod mc o writtcn roticc r,cllhg mc lhEl if I do nor pay tfic ovcrduc smounl by a
cotain datc, thc Notc Holdcr m&yinlcrcit hat I owc on thst amount.dclivcrrd by othcr rnc6\s.
(D) No Wrivcr 8y NoleEvcn i[, at a time when I om in i{ult, thc Notc Holdc( docs not rcquirc mc lo pay immediatcly in full as describcd abovq
lo do.so if I sm in defsult 81 8 Jllsr drne,lhc Note Hold$will rtill havc drc(E) Payrncnt ot Nolc tloldcr'rlf the Notc Holder han n4uircd
rnd Erpcnscs
poid back by rnc for sll of ils c{,r!ito pay immerliaoly in full aq descriffi abovc, rhc NotD Holdcr will hevc thc right to boexlrtrscs io cnfixcing this Nolc lo U|e ctlmt not prchibitrd by sppljcable la*. Ttose
cxpcoscs inclurlc, for cxrmplg attornsts' fee.$.
t. GIVING OF NOTICESUnlcas applicablc law rcquircr diffcrcnt merbotl, any noticc that muil bc givcn to me unthr thir Noto will bc given by
dclivcdng il or by slailing it by lirstHoldcr a noticc of rny di(rerent oddJ
mail to mc a! rhc Popcrry Addross aboye or a! a diffcrcnr addrss if J givc tho Note
Unlcss ftc Noto Holdcr differcnt rnc6od, any notice rhal mus! bc givcn to lhc Norc lloldet uoder this Noc willbc giwo by rneiling it by fir$ c'ess u, ibe Norc Holdcr ar fic oddrrss tratcd in Scction 3(A) abovc or at a differcot sddrcssifl tm givcn a rrcricc of thst9. OBLICATIONSOF PERSONS {DEI{ THIS NOTE
Notc, cach pc-r'son ir fr:lly end pcnonolly obligoted to kccp all of $c plomi$e6 madc inIf morc lban onc person signsfiis Note, including the plomise to Urs full aatount owcd, Any pcrpn who is a goaranor, nurt.Jy or cnd*ser of this Note isalso obligated to do $ese things, pcrson who takc$ ovsr therc 0bligsliong, includiog thcobligations ofa guurnlor, Eurpty
cd lo kccp all of the promircs madc in this Notc. Thc t\trotc Holder mly enforcc itr dghtsor cndorser of this No(e, is al$oundcr 0[s Notc aBainst cach pcrson vidually or against all of us togcthcr, This mcans Urat any onc of us may bc rcquir{t topsy oll of $e mounLt owed undcr Notc.
10, wAlvERsI rnd any oths pcrson wio obligations undcr thin Notc waive the rights of Prcscntrncnt and Noticc of Disionor,
"Pro.sentmenr" rneans lhe right to lhc hNoro Holdcr ao dcmald psymrfil of amounls duc. "Noticc of Dishonor" mgut lheright ro rcquirc lhc Norc Holdcr l0 nolicc to o{hcr pcrsons thd atnounLs duc havc not bccn paid.
II. UNIFORMSDCURED NOTD
mc to pay immcdialcly thc full unou[t o[ P(incipsl lhat ha.s Dot ben p.id and dl thcdate must bc at tcag 30 days olrcr rhc darc
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{Page4 ol 72)
e,
LOAN l: lI{?2603?lf oll or any psrt of rhc or any Interc$ in lhe Propcrly is s
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NOTICE OF MORTGAGEE'S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in a certain mortgage given byTim A. Bryant and Michelle M. Bryant to Mortgage Electronic Registration Systems, lnc., datedSeptember 23,2005 and recorded with the Hampden County Registry of Deeds at Book 15365,Page 423, of which mortgage the undersigned is the present holder by assignment fromMortgage Electronic Registration Systems, lnc. to BAC Home Loans Servicing, LP flklaCountrywide Home Loans Servicing, LP dated May 16, 2011 and recorded with said registry onMay 19, 2011 at BooK 18776 Page 12E and by assignment from Bank of America, N,A.,
successor by merger to BAC Home Loans Servicing, LP flkla Countrywide Home LoansServicing, LP to HSBC Bank USA, National Association, as Trustee for the Holders of theGSAA Home Equity Trust 2005-15 dated April 10,2012 and recorded with said registry onApril 17 , 2012 at Book 19212 Page 475 and by assignment from Bank of America, N.A. toNationstar Mortgage LLC dated July 30, 2013 and recorded with said registry on August 19,2013 at Book 19977 Page 594, for breach of the conditions of said mortgage and for thepurpose of foreclosing, the same will be sold at Public Auction at 12:00 p.m. on June 24,2015, onthe mortgaged premises located at 80 Bradford Drive, Feeding Hills (Agawam), Hampden County,Massachusetts, all and singular the premises described in said mortgage,
TO WIT:
Certain real estate situate in Agawam, Hampden County, Massachusetts, being known anddesignated as Lot #19 (nineteen) as shown on a plan of Lots entitled 'Longview Heights' andrecorded in the Hampden County Registry of Deeds in Book of Plans 109, Page 104 and 105,being more particularly bounded and described as follows:
NORTHERLY by Bradford Drive, One Hundred Fifteen (115) feet;
EASTERLY by Lot #21 (twenty-one) on said plan, one hundred thirty and 50/100 (130.50)feet;
SOUTHERLY by Lot #37 (thirty-seven) on said plan, one hundred fifteen (115)feet; and
WESTERLY by Lot #17 (seventeen) on said plan, one hundred thirty and 50/100 (130.50) feet.
SUBJECT to easement rights granted Western Massachusetts Electric Company et al underinstrument dated September 12, 1967 recorded as aforesaid in Book 3287, Page 519.
For mortgago/s(s') title see deed recorded with Hampden County Registry of Deeds inBook 14429, Page 76.
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 sewerliens and any other municipal assessments or liens or existing encumbrances of record which arein force and are applicable, having priority over said mortgage, whether or not reference to suchrestrictions, easements, improvements, liens or encumbrances is made in the deed.
Notice of Sale - MA with legaldescription/Bryant, Tim A. and Michelle M.
201202-0994
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TERMS OF SALE:
A deposit of Five Thousand ($5,000.00 ) Dollars by certified or bank check will be requiredto be paid by the purchaser at the time and place of sale. The balance is to be paid by certified orbank check at Harmon Law Offices, P.C., 150 California Street, Newton, Massachusetts 02458, orby 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 ofthe purchase price. The description of the premises contained in said mortgage shall control inthe event of an error in this publication.
Other terms, if any, to be announced at the sale.
HSBC BANK USA, NATIONAL ASSOCIATION ASTRUSTEE FOR GSAA HOME EQUITY TRUST2OO5-15, ASSET-BACKED CERTIFICATES,SERtES 2005-15Present holder of said mortgage
By its Attorneys,HARMON LAW OFFICES, P.C.150 California StreetNeMon, MA 02458(617) 558-0500201202-0994 - PRP