Mortgagee Foreclosure Notice Sale of Real Estate | Legal Notice

VERMONT STATE VERMONT SUPERIOR COURT RUTLAND UNIT FILE NO: 217-4-17 RDCV CIVIL DIVISION NEW YORK BANK MELLON F / K / A NEW YORK BANK AS NEWCASTLE MORTGAGE SECURITY TRUST 2007 -1 v. ANDREW H MONTROLL, SUCCESSOR ADMINISTRATOR IN THE ESTATE OF MARION BURKE, PETER W. GIANCOLA AND DAVID A. GIANCOLA OCCUPANTS OF: 113 Granger St., Rutland VT MORTGAGE FORCE NOTICE SALE OF REAL ESTATE LESS THAN 12 VSA sec 4952 et seq. Pursuant to the judgment order and foreclosure decree entered on March 5, 2021 in the above captioned action brought to exclude that certain mortgages granted by Robert Burke and Marion Burke to Mortgage Electronic Registration Systems, Inc. as as Nominee for Fremont Investment & Loan, dated February 9, 2007 and recorded in Book 541, page 480 of the Land Records of the Town of Rutland, of which the Plaintiff is the current Mortgage Holder, by virtue of an Assignment Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investissement and loan to Bank of New York Mellon f / k / a The Bank of New York as Trustee for Newcastle Mortgage Securities Trust 2007-1 dated March 30, 2017 and recorded in Book 662 page 917 of the Land Registers of the Town of Rutland, for breach of the terms of said mortgage and for the purpose of foreclosure will be sold at public auction at u 113 Granger St., Rutland, Vermont October 1, 2021 at 10:00 a.m. all and singular the premises described in said mortgage, namely: Property Description for the property located at 113 Granger Street, Rutland owned by Marion Burke Being the same land and premises than those which were ceded to Marion Burke and Robert Burke by Robert Burke’s Deed of Surrender dated and recorded July 3, 1991 in Book 304, page 76 of the Land Registers of the Town of Rutland and described therein as follows: being the same land and premises as those which were ceded to Robert Burke by the deed of guarantee of Ronald J. Pomykala dated and recorded on July 3, 1991, in book 304, page 74 of the land registers of the city de Rutland and is described therein as follows: The following described real estate located in the town of Rutland, Vermont, being more particularly described as follows: Commencing on the west line of Granger Street at the southeast corner of the land of Cather fire ine Fagan, and thence westerly along said line of Fagan and the lands of the late William Devers about one hundred and thirty-one feet (t thence) southerly in said east line of Devers at about eighty- one foot, thence easterly in the north line of land formerly of Alice Griffin about one hundred and thirty-one feet to Granger Street, and thence northerly in the west line of said Granger Street at approximately eighty -one foot to the starting point. Address: 113, rue Granger; Rutland, VT 05701 Tax card or Parcel ID number: 113 Granger St. Subject to line adjustment as attested by Marion J. Burke’s waiver to Peter W. Giancola and David A Giancola dated March 13, 2012 and recorded March 14, 2012 in Book 609, page 641 of the Land Registers of the Town of Rutland: Beginning at a starting point, being an iron pin located near the west side of the street Granger and marking a corner between 117 Granger Street and 113 Granger Street; then extending northerly on a line substantially parallel to the said west line of Granger Street for a distance of five (5 ‘) feet, more or less; then going west forty-three (43 ‘) feet, more or less, to an existing steel fence post and iron spit located on Grantor’s land, then going to is in line up to said starting point. Meaning and intention to convey an area so delineated comprising one hundred and twelve and a half (112.5) square feet, more or less, as a boundary line adjustment between 117 Granger Street and 113 Granger Street. Reference is made here to the above instruments and to the records and references they contain for further assistance in this description. Terms of sale: The said premises will be sold and transferred subject to all privileges, charges, unpaid taxes, fiscal titles, municipal privileges and appraisals, if any, which take precedence over said mortgage described above. TEN THOUSAND ($ 10,000.00) Purchase price dollars must be paid by certified check, treasurer’s or banker’s check at the time and place of sale by the purchaser. The balance of the purchase price will be paid by wire transfer, certified check, bank treasurer’s or cashier’s check within sixty (60) days from the date of entry of the Confirmation Order by the Court. All checks should be made payable to “Bendett & McHugh, PC, as Trustee”. The mortgagor has the right to redeem the premises at any time prior to the sale by paying the full amount owed under the mortgage, including the costs and expenses of the sale. Other terms will be announced during the sale. DATE: August 30, 2021 By: __ / s / Rachel K. Ljunggren____ Rachel K. Ljunggren, Esq. Bendett and McHugh, PO Box 270 Farmington Avenue, Ste. 151 Farmington, CT 06032

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