MTGLQ Investors v Sharrow

STATE OF VERMONT VERMONT SUPERIOR COURT RUTLAND UNIT, CIVIL DIVISION DOCKET NO: 504-10-17 RDCV MTGLQ INVESTORS LP v. DIANE E. SHARROW, SCOTT E. SHARROW AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR GMAC MORTGAGE CORPORATION OCCUPANTS OF: 106 Fairview Avenue, Rutland 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 July 23, 2018, in the above captioned action brought to foreclose that certain mortgage given by Diane E. Sharrow and Scott E. Sharrow to Mortgage Electronic Registration Systems, Inc. as nominee for GMAC Mortgage Corporation, dated April 9, 2003 and recorded in Book 454 Page 657 of the land records of the City of Rutland, 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 GMAC Mortgage Corporation to GMAC Mortgage, LLC dated May 18, 2012 and recorded in Book 613 Page 930; (2) Assignment of Mortgage from GMAC Mortgage, LLC to Green Tree Servicing LLC dated April 25, 2013 and recorded in Book 623 Page 533 and (3) Assignment of Mortgage from Ditech Financial f/k/a Green Tree Servicing LLC to MTGLQ Investors, LP, dated September 7, 2018 and recorded in Book 678 Page 463, all of the land records of the City of Rutland, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 106 Fairview Avenue, Rutland, Vermont on April 23, 2019 at 10:00AM all and singular the premises described in said mortgage, To wit: Being all and the same land and premises conveyed to Scott E. Sharrow and Diane E. sharrow by Warranty Deed of LaFond's Auto Body, Inc. dba Moore's Auto dated December 1, 1998 and recorded in Book 381, Page 695 of the City of Rutland Land Records. Being all and the same lands end premises conveyed to LaFond's Auto Body, Inc. d/b/a Moore's Auto by Warranty Deed of M. F. & B. Associates dated May 31, 1990 and recorded in Book 294, Page 576 of the Land Records of the City of Rutland. Being all and the same lands and premises conveyed to M. F. & B. Associates by Warranty Deed of Kenneth K. Babbitt and Mary D. Babbitt dated September 1, 1989 and recorded in Book 288, Page 817 of the Land Records of the City of Rutland, and more particularly described as follows: Beginning at the intersection of the south line of Crescent Street with the east line of Fairview Avenue and running thence southerly along the east line of Fairview Avenue one hundred thirty feet; thence easterly in a line parallel with the south line of Crescent Street sixty feet; thence northerly in a line parallel with the east line of Fairview Avenue one hundred thirty feet to the south line of Crescent Street; and thence westerly along the south line of Crescent Street sixty feet to the place of beginning. 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 : March 20, 2019 By: /S/Rachel K. Ljunggren, Esq. Rachel K. Ljunggren, Esq. Bendett and McHugh, PC 270 Farmington Ave., Ste. 151 Farmington, CT 06032