DITECH FINANCIAL LLC
OCCUPANTS OF: 52 Merchant Street, Barre 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 16, 2021, in the above captioned action brought to foreclose that certain mortgage given by Patricia Huntley to Mortgage Electronic Registration Systems, Inc., as nominee for Academy Mortgage Corporation, dated May 18, 2016 and recorded in Book 303 Page 279 of the land records of the City of Barre, of which mortgage the Plaintiff is the present holder, by virtue of an Assignment of Mortgage from Mortgage Electronic Registration Systems, Inc., as nominee for Academy Mortgage Corporation to Ditech Financial, LLC dated July 25, 2019 and recorded in Book 353 Page 252 of the land records of the City of Barre for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 52 Merchant Street, Barre, Vermont on September 22, 2021 at 1:45 PM all and singular the premises described in said mortgage,
Being all and the same lands and premises as conveyed to Patricia Huntley by Warranty Deed of Sarah Rowan, joined by her spouse, Donald Rowan, of even or approximate date herewith and to be recorded herewith in the municipal land records. Being a parcel of land, said to contain 0.25 acres, more or less, together with dwelling house and other improvements thereon standing, identified by Barre City Parcel ID No. 1030-0052.0000 and Vermont SPAN NO. 036-011-12810 and known as 52 Merchant Street, Barre, Vermont; and being all and the same lands and premises as conveyed to Sarah Rowan by Special Warranty Deed of Fannie Mae (a/k/a Federal National Mortgage Association), dated October 3, 2014 and recorded at Book 284, Page 463 of the Barre City Land Records, and described therein as follows:
"A certain piece or parcel of land, with any buildings thereon, located in the City of Bane [sic], known as 52 Merchant Street, Barre, Vermont and more particularly described as follows:
Land situated in the City of Barre in the County of Washington in the State of VT. Being all and the same land and premises as conveyed to GREGORY L. SMITH and TISH JOHNSON SMITH, husband and wife by Quit Claim Deed of SANDRA J. GIBBS dated 10/31/2001, and recorded 11/2/2001 in Book 189, Page 250 of the WASHINGTON (sic, should be Barre City] Land Records, and in said deed described as follows:
Being all and the same land and premises conveyed to Sandra J. Gibbs by Limited Warranty Deed of Federal National Mortgage Association dated March 17, 1997 and recorded in Book 165, Page 703 of the City of Barre Land Records. Being further described as land and dwelling located at 52 Merchant Street, Bane [sic] City, Calais [sic], Vermont. Reference may be had to the above mentioned deed and its records, and to all prior deeds and instruments and there records, for a more particular description of the land and premises."
This conveyance is made subject to and with the benefit of any utility easements, public rights-of-way, spring rights, easements for ingress and egress, and rights incidental to each of the same as may appear more particularly of record; provided, however, that this paragraph shall not reinstate any such encumbrance previously extinguished by the Marketable Record Title Act, Chapter 5, Subchapter 7 of Title 27 Vermont Statutes Annotated. If it should be determined that all or a portion of the conveyed lands and premises are Vermont perpetual lease land, then same are conveyed as such. Reference is here made to the above-mentioned deed and survey and to all prior deeds, plans and documents in the chain of title for a more particular description of the herein conveyed lands and premises.
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 bank wire, certified check, bank treasurer's or cashier's check within sixty (60) days after the date the Confirmation Order is entered by the Court. All checks should be made payable to "Bendett & McHugh, PC, as Trustee".
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 : July 27, 2021
By: __/s/ Rachel K. Ljunggren___________
Rachel K. Ljunggren, Esq.
Bendett and McHugh, PC
270 Farmington Ave., Ste. 151
Farmington, CT 06032