Preview
()
COMMONWEALTH OF MASSACHUSETTS
BERKSHIRE, SS. SUPERIOR COURT DEPT.
OF THE TRIAL COURT
DOCKET NO. 2344 CVO02 Y
GREYLOCK FEDERAL CREDIT UNION,
Plaintiff
v PLAINTIFF’S COMPLAINT
THE HEIRS, DEVISEES AND/OR LEGAL
REPRESENTATIVES OF THE ESTATE OF
YOLANDA Y. BRAZEE, A/K/A YOLANDA V.
BRAZEE, LATE OF CHESHIRE, BERKSHIRE
COUNTY, MASSACHUSETTS, KELLY J. ieee ARUN MEALLY UF LAS OAGrIL ot
RINALDI ‘and KERRY A. MACRONALD, BERKSHIRE S.S, SUPERIOR COURT
INDIVIDUALLY, and ANY AND ALL Fe
OTHER POSSIBLE PARTIES IN INTEREST,
DEC 21 2023
Defendants. 0
shenoll~ Alten
1 The Plaintiff, GREYLOCK FEDERAL CREDIT UNION, is a
Credit Union duly organized under the laws of the United States
of America with a principal place of business at 150 West
Street, Pittsfield, Massachusetts.
2 YOLANDA Y. BRAZEE, a/k/a YOLANDA V. BRAZEE, died on or
about July 16, 2022, with a residence and post office address of
642 Notch Road, Cheshire, Massachusetts.
3. Defendant KELLY J. RINALDI is an individual whose
residence and post office address is 881 E. Washington Road,
Hinsdale, Massachusetts, and an heir of YOLANDA Y. BRAZEE, a/k/a
YOLANDA V. BRAZEE.
4 Defendant KERRY A. MACRONALD is an individual whose
residence and post office address is 652 Notch Road, Cheshire,
Massachusetts, and an heir of YOLANDA Y. BRAZEE, a/k/a YOLANDA V.
BRAZEE.
5. The Defendants are the heirs, devisees and/or legal
representatives of YOLANDA Y. BRAZEE, a/k/a YOLANDA V. BRAZEE,
late of Cheshire, Berkshire County, Massachusetts, and all other
possible parties in interest.
6 On or about June 6, 2014, YOLANDA Y. BRAZEE and Robert
B. Brazee, made and delivered to GREYLOCK FEDERAL CREDIT UNION a
Promissory Note (the "Note™) secured by a Mortgage covering real
property situated at 642 Notch Road, Cheshire, Berkshire County,
Massachusetts, said Mortgage being recorded with the Berkshire
Northern District Registry of Deeds on June 11, 2014, in Book
1541, Page 78, (the "Mortgage") . The said Robert B. Brazee died
on September 27, 2021.
7. The Mortgage is in default, in that principal and
interest due thereunder are unpaid.
8 Defendants, any and all HEIRS, DEVISEES and/or LEGAL
REPRESENTATIVES OF YOLANDA Y. BRAZEE f£/k/a YOLANDA V. BRAZEE,
AND ANY OTHER POSSIBLE PARTIES IN INTEREST TO SAID YOLANDA yY.
BRAZEE, a/k/a YOLANDA V BRAZEE’S ESTATE, are the present owners
of the equity of redemption of the premises secured by the
Mortgage virtue of a duly recorded deed of Bonita Bush, dated
August 30, 2012, and recorded in said Registry of Deeds in Book
1486, Page 329.
9 The Plaintiff knows of no person interested in the
premises secured by the Mortgage who is in the military service
of the United States.
10. The Plaintiff would be entitled to foreclose the
Mortgage except for the Servicemembers’ Civil Relief Act of 1940,
as amended.
WHEREFORE, the Plaintiff demands that this Honorable Court
adjudge:
1 That no party to this action is entitled to the
protection of the Servicemembers Civil Relief Act of 1940, as
amended.
2 That the Plaintiff be authorized to foreclose the
Mortgage, by entry and by exercise of the statutory power of
sale.
3 That the foreclosure of the Mortgage, if made by the
Plaintiff under authority of this Court in accordance with the
preceding paragraph, be approved and confirmed by this Court by
its final judgment.
Respectfully submitted,
GREYLOCK FEDERAL CREDIT UNION,
Plaintiff, By Its Attorney,
Dated: ~potetuber IS WLS Ceol PSA
KENNETH P. FERRIS, ESQUIRE
Hashim & Spinola
82 Wendell Avenue
Pittsfield, MA 01201
(413) 499-1304
BBO# 556627
Preview
() COMMONWEALTH OF MASSACHUSETTS BERKSHIRE, SS. SUPERIOR COURT DEPT. OF THE TRIAL COURT DOCKET NO. 2344 CVO02 Y GREYLOCK FEDERAL CREDIT UNION, Plaintiff v PLAINTIFF’S COMPLAINT THE HEIRS, DEVISEES AND/OR LEGAL REPRESENTATIVES OF THE ESTATE OF YOLANDA Y. BRAZEE, A/K/A YOLANDA V. BRAZEE, LATE OF CHESHIRE, BERKSHIRE COUNTY, MASSACHUSETTS, KELLY J. ieee ARUN MEALLY UF LAS OAGrIL ot RINALDI ‘and KERRY A. MACRONALD, BERKSHIRE S.S, SUPERIOR COURT INDIVIDUALLY, and ANY AND ALL Fe OTHER POSSIBLE PARTIES IN INTEREST, DEC 21 2023 Defendants. 0 shenoll~ Alten 1 The Plaintiff, GREYLOCK FEDERAL CREDIT UNION, is a Credit Union duly organized under the laws of the United States of America with a principal place of business at 150 West Street, Pittsfield, Massachusetts. 2 YOLANDA Y. BRAZEE, a/k/a YOLANDA V. BRAZEE, died on or about July 16, 2022, with a residence and post office address of 642 Notch Road, Cheshire, Massachusetts. 3. Defendant KELLY J. RINALDI is an individual whose residence and post office address is 881 E. Washington Road, Hinsdale, Massachusetts, and an heir of YOLANDA Y. BRAZEE, a/k/a YOLANDA V. BRAZEE. 4 Defendant KERRY A. MACRONALD is an individual whose residence and post office address is 652 Notch Road, Cheshire, Massachusetts, and an heir of YOLANDA Y. BRAZEE, a/k/a YOLANDA V. BRAZEE. 5. The Defendants are the heirs, devisees and/or legal representatives of YOLANDA Y. BRAZEE, a/k/a YOLANDA V. BRAZEE, late of Cheshire, Berkshire County, Massachusetts, and all other possible parties in interest. 6 On or about June 6, 2014, YOLANDA Y. BRAZEE and Robert B. Brazee, made and delivered to GREYLOCK FEDERAL CREDIT UNION a Promissory Note (the "Note™) secured by a Mortgage covering real property situated at 642 Notch Road, Cheshire, Berkshire County, Massachusetts, said Mortgage being recorded with the Berkshire Northern District Registry of Deeds on June 11, 2014, in Book 1541, Page 78, (the "Mortgage") . The said Robert B. Brazee died on September 27, 2021. 7. The Mortgage is in default, in that principal and interest due thereunder are unpaid. 8 Defendants, any and all HEIRS, DEVISEES and/or LEGAL REPRESENTATIVES OF YOLANDA Y. BRAZEE f£/k/a YOLANDA V. BRAZEE, AND ANY OTHER POSSIBLE PARTIES IN INTEREST TO SAID YOLANDA yY. BRAZEE, a/k/a YOLANDA V BRAZEE’S ESTATE, are the present owners of the equity of redemption of the premises secured by the Mortgage virtue of a duly recorded deed of Bonita Bush, dated August 30, 2012, and recorded in said Registry of Deeds in Book 1486, Page 329. 9 The Plaintiff knows of no person interested in the premises secured by the Mortgage who is in the military service of the United States. 10. The Plaintiff would be entitled to foreclose the Mortgage except for the Servicemembers’ Civil Relief Act of 1940, as amended. WHEREFORE, the Plaintiff demands that this Honorable Court adjudge: 1 That no party to this action is entitled to the protection of the Servicemembers Civil Relief Act of 1940, as amended. 2 That the Plaintiff be authorized to foreclose the Mortgage, by entry and by exercise of the statutory power of sale. 3 That the foreclosure of the Mortgage, if made by the Plaintiff under authority of this Court in accordance with the preceding paragraph, be approved and confirmed by this Court by its final judgment. Respectfully submitted, GREYLOCK FEDERAL CREDIT UNION, Plaintiff, By Its Attorney, Dated: ~potetuber IS WLS Ceol PSA KENNETH P. FERRIS, ESQUIRE Hashim & Spinola 82 Wendell Avenue Pittsfield, MA 01201 (413) 499-1304 BBO# 556627