STATE OF VERMONT SUPERIOR COURT Civil Division Rutland Unit Docket No. 388-7-18 Rdcv BAYVIEW LOAN SERVICING, LLC Plaintiff, v. MARIE HOWARD TD BANK OCCUPANT residing at 44 Campbell Road Rutland, VT 05701 Defendants. NOTICE OF SALE According to the terms and conditions of the Judgment and Decree of Foreclosure by Judicial Sale (the “Order”) in the matter of Bayview Loan Servicing, LLC. v. Marie Howard, TD Bank, and Occupant residing at 44 Campbell Road, Rutland, Vermont 05701, Vermont Superior Court, Rutland Unit, Civil Division, 388-7-18 Rdcv, foreclosing a mortgage given by Marie Howard and Edward Wilczynski (Deceased) to Mortgage Electronic Registration Systems, Inc., as nominee for Webster Bank dated December 13th, 2002 and recorded in Book 446 at Page 781 of the City of Rutland Land Records presently held by the Plaintiff, Bayview Loan Servicing, LLC., via n Assignment of Mortgage dated June 7th, 2018, the real estate with an address of 44 Campbell Road, Rutland, Vermont 05701 will be sold at public auction at 9:00 AM on July 16th, 2019 at the location of the Property. Property Description. The Property to be sold is all and the same land and premises described in the Mortgage, and further described as follows: Being all the same lands and premises conveyed to Edward J. Wilczynski and Marie P. Howard by Warranty Deed of Robert F. Ferraro dated October 25, 1996 and of record at Volume 358, Page 699 of the City of Rutland Land Records. Being the premises known as 44 Campbell Road and being all of Lot 23 and portions of Lots 24, 61 and 62 in Block 7 on A Plan of Lots of New Rutland developed by W. E. Van Olinda, Rutland, VT and surveyed in August, 1928 by L. G. Basso, Engineer, a copy of which plan is on file in the Rutland City Land Records in Old Book 2 at Page 35 and bounded and described pursuant to a survey by Alan R. Gelbar on October 7, 1985 as follows: Beginning at a point in the easterly line of Campbell Road at an iron pipe set flush about 1,810 feet along the easterly side of Campbell Road from its intersection with the westerly line of Dorr Drive, said iron pipe being set 45.6 feet southerly from the southwest corner of the foundation of the dwelling house on the premises hereby conveyed; THENCE in the east line of Campbell Road N 26° 15' W a distance of 110.0 feet to an iron pipe set in a stone wall at the southwest corner of other lands of Lawrence W. Hazard; THENCE along other lands of Lawrence W. Hazard N 63° 45' E a distance of 120.0 feet to an iron pipe set; THENCE along other lands of said Hazard S 26° 15' E 110.0 feet to an iron pipe set; THENCE along other lands of said Hazard S 63° 45' W a distance of 120.0 feet to the point of beginning. Containing 13,200 square feet of land, more or less. The compass bearings are magnetic as of February, 1973. The premises are a portion of the lands and premises conveyed to Lawrence W. Hazard and Lorraine M. Hazard, now deceased, then husband wife by deed of Alfred J. Wimett, Jr. dated March 27, 1952 and recorded in Rutland City Land Records in Book 94 at Page 44." Terms of Sale. The Property shall be sold "AS IS WHERE IS", to the highest bidder for cash or wire funds only. The sale of the Property is subject to confirmation by the Vermont Superior Court, Rutland Unit, Civil Division. The Property is sold subject to unpaid taxes, municipal assessments, and superior liens, if any. The public sale may be adjourned one or more times for a total time not exceeding 30 days, without further court order, and without publication or service of a new notice of sale, by announcement of the new sale date to those present at each adjournment or by posting notice of the adjournment in a conspicuous place at the location of the sale. Mortgage Property Deposit. $10,000.00 to be paid in cash or by certified check by the purchaser at the time of auction, with the balance due at closing. The balance of the purchase price for the Property shall be due and payable within the latter of 10 days from the date of confirmation of said sale by the Vermont Superior Court, Rutland Unit, Civil Division or 45 days from the date of public auction. If the balance of the purchase price is not paid within the period set forth herein, the deposit shall be forfeited and shall be retained by the Plaintiff herein as agreed liquidation damages and the Property may be offered to the next highest bidder still interested in the Property. The mortgagor is entitled to redeem the Property 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 or inquire at Schiller, Knapp, Lefkowitz & Hertzel, LLP at 518-786-9069. Dated: May 8th, 2019. _____________x_________________ Daniel N. Young, Esq. Attorney for the Plaintiff

You must be logged in to react.
Click any reaction to login.
0
0
0
0
0

(0) comments

Welcome to the discussion.

Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.