Preview
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. SUPERIOR COURT
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR SAXON
ASSET SECURITIES TRUST 2006-2
MORTGAGE LOAN ASSET BACKED
CERTIFICATES, SERIES 2006-2, 01/29/2024
Plaintiff,
Vv.
CATRINA DURISE MOYE, MALCOLM
WILLIS and ALL UNKNOWN HEIRS,
DEVISEES OR LEGAL
REPRESENTATIVES OF THE ESTATE OF
WILLIE WILLIS CASE No. 2ACV62
Defendants
and
LIBRARY PARK CONDOMINIUM TRUST,
COMMONWEALTH OF
MASSACHUSETTS ACTING THROUGH
ITS DEPARTMENT OF REVENUE AND
UNITED STATES OF AMERICA ACTING
THROUGH ITS DEPARTMENT OF THE
TREASURY (IRS DIVISION).
Defendants/Parties-In-Interest
VERIFIED COMPLAINT
Introduction
Plaintiff seeks a Declaratory Judgment pursuant to G.L. c. 231A, § 1, et seq., and
applicable common law establishing (a) Plaintiff’s authority to enforce the terms of a certain Loan
Modification Agreement dated July 19, 2019 (b) that such Agreement is a debt instrument and (c)
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
that as owner of and payee, through its loan servicer, named in the Loan Modification Agreement,
Plaintiff has standing to enforce the default remedies set forth in the mortgage, including exercise
of the statutory power of sale. Plaintiff also asserts the alternative theory of recovery of unjust
enrichment.
Parties
1 Plaintiff, Deutsche Bank National Trust Company (referred to herein variously as
“Plaintiff” or “Deutsche Bank”) serving in the capacity as Trustee for Saxon Asset Securities Trust
2006-2, Mortgage Loan Asset Backed Certificates, Series 2006-2 (referred to herein variously as
“Plaintiff” or “Deutsche Bank”), is a national banking association chartered and organized under
the laws of the United States of America with business offices located at 1801 E. St. Andrews
Place, Santa Anna, Ca 92705.
2 Defendant, Catrina Durise Moye, is an individual who, upon information and belief,
resides at 213 Bidwell Street, Manchester, Connecticut 06040-6413.
3 Defendant, Malcolm Willis, is an individual who, upon information and belief,
resides at 2235 Lofty Heights Place, Reston, Virginia 20191-1716.
4 Defendants, All Unknown Heirs, Devisees or Legal Representatives of the Estate
of Willie Willis are persons whose identities and current whereabouts are unknown to the Plaintiff.
5 Defendant/Party-In-Interest, Library Park Condominium Trust, is an
unincorporated organization of unit owners and the governing body of the Library Park
Condominium situated in Holyoke, Massachusetts. c/o Margaret E. Bowler, primary trustee, 336B
Maple Street, Holyoke, MA 01040.
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
6. Defendant/Party-in-Interest, the Commonwealth of Massachusetts acting through
its Department of Revenue (the “DOR”), has principal offices at 100 Cambridge Street, Boston,
MA 02204
7
Defendant/Party-In-Interest, the United States of America acting through the
Department of the Treasury, IRS Division (“USA”), has principal offices at 1500 Pennsylvania
Avenue, NW, Washington, D.C. 20220.
Facts
8 Willie Willis, now deceased, acquired title to the property known as 344 Maple
Street a/k/a 336-344 Maple Street, Unit 344, Library Park Condominium, Holyoke, Massachusetts
(the “Property”) by quitclaim deed of Willie Willis dated June 7, 2006 and recorded with the
Hampden County Registry of Deeds on June 8, 2006 in Book 15962, Page 451.
9. Willie Willis gave a promissory note to Saxon Mortgage, Inc. D/B/A Saxon Home
Mortgage(“Saxon”) in the original principal amount of $91,800.00 dated June 7, 2006 (the
“Note”). The Note contains a single indorsement in blank by Saxon. A copy of the Note as
contained in Deutsche Bank’s business records is attached hereto as Exhibit 1.
10. Deutsche Bank and its loan servicer, PHH Mortgage Corporation (“PHH”). despite
diligent search, are unable to locate the whereabouts of the original Note as per the Lost Note
Affidavit attached here at Exhibit 2.
11. To secure the repayment and other obligations contained in the Note, Willie Willis
granted a mortgage encumbering the Property to Saxon in the original principal amount of
$91,800.00 dated June 7, 2006, and recorded with the Registry on June 8, 2006, in Book 15962,
Page 453 (the “Mortgage”). The loan evidenced by the Note and Mortgage is sometimes referred
to herein as the “Loan”. A copy of the Mortgage is attached hereto as Exhibit 3.
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
12. Willie Willis executed a Settlement Statement at the closing of the Loan in June of
2006, a true copy of which is attached hereto as Exhibit 4.
13. A portion of the Loan proceeds were used to pay off a prior mortgage given by
Willie Willis to Argent Mortgage Company, LLC in the original principal amount of $75,600.00
dated June 28, 2005, as recorded with said the Registry on in Book 15161, Page 418 (the “Argent
Mortgage”).
14. According to the HUD-1 Settlement Statement executed by Willie Willis at the
closing of the Loan in June of 2006, $77,977.88 of the Loan proceeds were used to pay off the
Argent Mortgage. The payee listed on the HUD-1 is “AMC Mortgage” who, upon information
and belief, acted as loan servicer for Argent.
15. A discharge of the Argent Mortgage was recorded with the Registry on July 3,
2006, in Book 16024, Page 195.
16. Willie Willis entered a Loan Modification Agreement with Deutsche Bank, through
PHH as its loan servicer, dated July 5, 2019 (the “Modification”) and executed and acknowledged
by Willie Willis on July 18, 2019, a copy of which agreement is attached hereto as Exhibit 5.
17. Pursuant to the terms of the Modification, Willie Willis agreed to pay the sum of
$88,981.33 (identified in the Modification as the “New Principal Balance”) to the order of PHH
Mortgage Corporation” as the servicer/agent for Deutsche Bank and upon such terms as set forth
in the Modification. Specifically, Willie Willis agreed to make monthly principal and interest
payments of $523.23 to PHH as servicer/agent for Deutsche Bank commencing on August 1, 2019,
and on the first day of each month thereafter through the July 1, 2036, maturity date of the Loan
[See Exhibit 4, {2 and 3].
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
18. By its express terms, the Mortgage secures “the repayment of the Loan, and all
renewals, extensions and modifications of the Note” [see the Mortgage at Exhibit 2, pg. 2, last
paragraph].
19. In turn, the Modification. provides, in relevant part, that
“{a]ll the rights and remedies, stipulations, and conditions contained in the Security Instrument
relating to default in the making of payments under the Security Instrument shall also apply to
default in the making of the modified payments hereunder” [see the Modification at Exhibit 4, pg.
4,43al.
20. Willie Willis made payments to PHH as loan servicer for Deutsche Bank in
accordance with the terms of the Modification for the July 1, 2019, through January 1, 2022,
payment due dates as evidenced by the payment history for the Loan attached hereto as Exhibit 6.
21. The Loan remains two years delinquent with a contractual due date of February 1,
2022.
22. Willie Willis died on January 9, 2022, according to the Certificate of Death for Mr.
Willis recorded with the Registry in Book 24705, Page 55.
23. After diligent search, Deutsche Bank and its loan servicer, PHH, have been unable
to determine the whereabouts of the original Note.
24. Plaintiff wishes to commence proceedings to foreclose the mortgage by entry and
by exercise of the statutory power of sale contained in the Mortgage but, in light of the
requirements set forth in G.L. c. 244, §35C, cannot do so unless and until it obtains a declaratory
judgment confirming that the Modification is a debt instrument, Plaintiff's status as a person
entitled to enforce the Modification and thus its standing to foreclose the related Mortgage.
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
25. Library Park Condominium Trust is named herein as a Defendant/Party-in-Interest
because it has a lien on the Property by operation of law for any unpaid common area charges due
under the terms a certain condominium Master Deed and related Declaration of Trust recorded
with the Registry in Book 5144, Page 315 and in Book 5144, Page 328, respectively.
26. The DOR and USA are named herein as Defendants/Parties-In-Interest as either or
both may claim liens on the Property that arose by operation of law upon the death of Willie Willis.
COUNT I: DECLARATORY JUDGMENT — THAT THE MODIFICATION IS A DEBT
INSTRUMENT DEUTSCHE BANK IS ENTITLED TO ENFORCE AND THUS
DEUTSCHE BANK HAS STANDING TO FORECLOSE THE MORTGAGE
27. Plaintiff restates and incorporates by reference the allegations contained in
paragraphs | through 26 hereof.
28. The Modification, though not a negotiable instrument governed by Article III of the
Uniform Commercial Code, see G.L. c. 106, §1-101, et. seq., is a debt instrument as it contains an
unequivocal promise to pay “the order of’ PHH Mortgage Corporation as servicer/agent for
Deutsche Bank the stated New Principal Balance of $88,981.33 upon the terms stated therein. See
Eaton y. Federal Nat. Mortg. Ass’n, 462 Mass. 569, 584, 969 N.E.2d 1118, 1130 (2012),
identifying “security for a debt” as the essential nature and purpose of a mortgage.
29. “In consideration of the mutual promises and agreements exchanged,” the parties
agreed to the terms of the Modification “notwithstanding anything to the contrary contained in the
Note” [See the Modification at Exhibit 4, pg. 2].
30. Plaintiff seeks a declaratory judgment pursuant to G.L. c. 231A, §1, that (a) declares
that the Modification is a debt instrument enforceable independently of the Note; (b) declares that
Deutsche Bank, is entitled to enforce the terms and conditions of the Modification and, as a result,
(c) declares that Deutsche Bank, as holder of the Mortgage that secures the obligations of Willie
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
Willis as set forth in the Modification, is entitled to exercise the default remedies provided for in
the Mortgage including exercise of the statutory power of sale.
COUNT II: UNJUST ENRICHMENT AND EQUITABLE LIEN
31. Plaintiff restates and incorporates by reference the allegations contained in
paragraphs 1 through 26 hereof as if fully set forth herein.
32. Plaintiff's predecessor-in-interest, Saxon, conferred a measurable benefit on Willie
Willis in that the proceeds of the Loan now owned by Plaintiff enabled Willie Willis to purchase
the Property. In consummating the Modification with Wille Willis, Deutsche Bank also conferred
a measurable benefit on the Willie Willis by capitalizing then-existing loan arrearages, thereby
restoring the loan to current status and converting the obligation from an adjustable interest rate to
a fixed rate of 4.125%.
33. The original Lender identified in the Note and Mortgage, and later Deutsche Bank
through its loan servicer, PHH, as the Lender identified in the Modification, negotiated for and
reasonably expected that the Loan would be repaid, with interest, according to the terms provided
for in the Note as superseded by the terms of the Modification.
34. As is evident from his signature on the Modification, the Mortgage and other Loan
documents, Willie Willis accepted the benefits of the Modification and understood and agreed that
the Lender and its successors and/or assigns expected repayment of the Loan principal, with
interest, as provided for in the Modification.
35. If it is determined that Deutsche Bank is unable to enforce the Mortgage and
exercise the default remedies thereunder, including the statutory power of sale, it would be unjust
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
and inequitable to allow the Defendants, Catrina Durise Moye and Malcolm Willis, the presumed
sole heirs-at-law of the late Willie Willis and thus joint owners of the Property, to retain the
Property and have a windfall by not providing Plaintiff with an adequate means of securing
repayment of the outstanding New Principal Balance of the Loan memorialized in the
Modification.
36. Plaintiff prays that the Court exercise its broad equitable powers to impose an
equitable lien on the Property in favor of Deutsche Bank in an amount to be determined by the
Court equal to the original New Principal Balance recited in the Modification plus escrow
disbursements for real estate taxes and hazard insurance, if any, but less any repayments of
principal heretofore made by Willie Willis prior to his death plus accrued interest to the extent
recoverable by law that may be foreclosed upon in the same or similar manner as that provided for
in G.L. c. 244, § 14, but without any requirement that Deutsche Bank execute and record an
affidavit attesting to its status as holder of the Note or one acting as agent for the holder of the
Note.
WHEREFORE, the Plaintiff respectfully requests that the Court:
(a) Enter Judgment pursuant to G.L. c. 231A, § 1, et seq., declaring that:
(i) That the Modification itself is a debt instrument the terms and conditions of
which are enforceable independently of the Note and notwithstanding any
contrary terms contained in the Note;
(ii) That Deutsche Bank is the owner and/or a party otherwise entitled to
enforce the terms and conditions of the Modification; and
(iii) That Deutsche Bank, as the owner and/or party otherwise entitled to
enforce the terms of the Modification, is also the holder of the Mortgage
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
and entitled to exercise the default remedies provided for in the Mortgage
including exercise of the statutory power of sale; and
(b) If relief is not granted under paragraph (a) above, impose an equitable lien on the
Property to the extent of sums paid to or for the benefit of the late Willie Willis
from the Loan proceeds plus accrued interest thereon and allow Plaintiff to
“foreclose” on such lien in the same or similar manner as that provided for by G.L.
c. 244, § 14, but without the necessity of recording an affidavit as to note-holder
status otherwise required by G.L. c. 244, § 35C; and
(c) Grant such further relief as the Court deems just.
Dated: January 30, 2024 Respectfully submitted,
Deutsche Bank National Trust Company, as
Trustee for Saxon Asset Securities Trust
2006-2 Mortgage Loan Asset Backed
Certificates, Series 2006-2
By its attorney,
John S. McNicholas
John S. MeNicholas, Esq., BBO # 546542
Korde & Associates, P.C.
900 Chelmsford Street, Suite 3102
Lowell, MA 01851
(978)-256-1500 (ext. 26203)
imenicholas@kordeassociates.com
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
EXHIBIT 1
D. PM
Docket Number
‘ + dtonea’” weal corre:
Borrower: WILLIF. WILLIS eucctaal thaw, oni anny
DL
teeny
—
ADJUSTABLE RATE NOTE
(LISOR Six-Month Index (As Published In ‘the Wall
Street Jonrnal)}—Ruate Cups)
THIS NOTE CONTAINS PROVISIO NS ALLOWING FOR
CHANGES IN MY INTEREST
RATE AND MY MONTHLY Pat YMENT. TUS NOTE LIMITS THE AMOUNT MY
INTEREST RATE CAN CHANGIS AT ANY ONE TIME
AND ‘THE MAXIMUM RATE |
MUST PAY.
June 7, 2006 HOLYOKE MASSACHLISETTS
[State]
34q MAPLE sr
HOLYOKE, MASSACHIU: TTS 1040
(Proparly Adgtesy)
i BORROWER'S PROMISE TO PAY
fn return for a foan that [ have received, ( promise to pay
U.S. $ 91,800.00 (this amount is called “Principal*),
plus interest, (uo the order of Lender. Lender is SAXON MORTGAGE, INC. D/B/A SAXO
MORTGAGE. 1 will make all payments un der (his Note in the form N HOME
of cash, check or money order,
1 anderstand that (ender ma y teansier this Note, Lender or
anyone who ta kes this Note by transter and who
is entitled to receive payments yi nder this Note is called
the "Note Flotder."
2. INTE. ST
Intorcst will be charged on unpaid principal until the full amount
at # yearly rate of 10,000 %. "Phe interest ta! te Twill pay of Principal has heen patd. 1 will pay interest
tay change in accordance with Section 4 af this Nate,
‘The interest rate required by this Sect aon2 and Section 4 of this Note ts the rate | will pay both belore
alter any default described in Section 7B) of thi is Not. and
3 PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest b yy making a payment
every month,
Twill maka my monthly pay ments on the Shst day of cach month
beginning on August 1, 206. 1 will make
these payments every month until | have paid all of the princip
al und interest and any other chargey described below
that ( may owe under this Nore. Each moni
thly payment will be
applied WG interest before Principal, Th, on July f, 2036, L still Applicd as Of its scheduled due date and will be
owe amounts under this Note, Twill pay those
amounts in full on that dig, which called the “Maturity Date."
{will make my monthly payments at RO. Box 961105,
Fort Worth, 1X 76161-0105, or al a different place if
tequired by Ge Note ft tolder.
urns TATE ADJUSTABLE RATE NOTE-LIBOR Six! MONTH INDEX
(AS PUBLISHED IN THE WALL STREET JOURNAL)
iy Fannig Moo UNIFORM INSTRUMENT
Bidet
(Fuge t of § Pages)
INITIALS: eh
|
r2'd BRGY UOXEGsoL 104) BIR aAAD.oTNIR
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
a a
(B) Amount of My Tnitinl Monthly Payments
Bach of my initial monthly payments will be in the amount of U.S. - & 805.61. ‘This amount
may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my town and
in the interest
rate that Lmust pay. The Note Holder will determine my new fitterest rate and the chan; ged smnount of my monthly
juyment in accordance with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dutes
‘The interest rate L will pay may change on the first day of July, 2008, and on that day every 6th
imonih
thereafter. Bach date on which my interest rate could vhange is called a "Change Date."
(3B) ‘The tndex
Beginning with the first Change Date, my interost rate will be based on un Index, ‘The “Indyx"
is the average
of interbank offered rates for six month U.S. dollar-denominated deposits in the London market
published in ‘Yhe Wall Street Journal. The most recess Index figure avail
(LIBOR’), as
able as of the first business day of the
month immediately preceding the month in which the Change Date occurs is called the "Currant Index."
If the Index is ay longer available, the Note [older will choose a new index that is based upon comparable
intormation, The Note Holder will give me notice of this choice.
{C) Cateutation of Changes:
Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX and ONE/HALE
percentage paints ( 6.500 %) to Lhe Current Index. ‘The Note [folder will then round the result, of this addition
to
the nearest one-eighth of one poreentage point (0.125%). Subject to the limits stated in Section 4(D) heluw,
this
rounded amount will be my new interest rate until the next Change Date,
The Note Holder will then determing the amount of thw monthly pat ment that would be sutficiom
w repay
the unpaid principal that 1 wm expected to owe at the Change Date in full on the Maturity
Date at my new interest
rate in substantially equal payments, The resutl of (his calculation will be the new amount
of my monthly payment,
(D) Limits on Interest Rate Changes
The interest rate ] am re ‘quired Io pay at the first Chunge Date will nor he ercater t an 13.0000 % or Jess than
‘TAMKK) J. Thoreatter, my interest rate will never be increased or dex creased on any single Change
Date by more than
ONE percentage polit (1.00 9) from the raic of interest f have . he paying for the preceding 6 months. My
Interest rate will never be greater than 16,0000 %,
(8) {effective Date of Changes
My new interes) rate will become effective on cach Change Date.f will pay the amount of my ne ‘ w monthly
payment bepinning on the first monthly payment date after the Change Date unc the
amount af my monthly
payment changes again.
(F) Notice of Changes
‘The Note Holder will deliver ur mail to me a notige of an y changes in my Interest rate and the amount uf
my
monthly payment betore the effective dale of any change, ‘th notice will include information required by law
to
be given (0 me and also the title and telephone number of a persan who will quswer any question
| may have
regarding the notice.
MULTISTATE ADJUSTABLE RATE NOTE-LIBOR SIGMONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL)
‘Singlt Famiy-Fannte Mae UNIFORM INSTRUMENT
rage 2 of S Pages)
INITIALS: (Ni __.
SavE'd 26064 4O},| UOXRS 10) sWOodd BAIA FAAR-9T-NOe
Date Fi
ate Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
a a
5. BORROWER'S RIGHT TO PREPAY
| have the right to make payments of Pringipal a any lime before they
is known as a "Prepayment." are duc, A payment of Principal only
When I make a Prepayment, J will tell the Not fe Holder
I may aot designate a payment as a Prepayment if | have nut made all (he monuuly in writing that Tam doing so.
payments due under this Note,
| may make 4 full Prepayment or partial Prepayments without pa ying any Prepayment
charge, ‘fhe Notes Holder
will use my Prepayments to reduce she amount of Principal that | we under this
Note, However, the Note lolder
may apply my Pre; payment 10 the acerugd and unpaid interest on the Prepayme
Prepayment to reduce the Principal amount of this Note. TEL a ake 4 partial Prepaym nt ainount before applying my
in the due dates of my monthly payments wilyss the Note Hold ler ent, there will be no changes
Agrees Iu wriling to those changos, My partial
Prepayment may reduce the amount of my Monthly payments alt er (he first
Change Date following my partial
Prepayment, However, any reduction due 1 my partial Prepaymet ‘OL may be
offset by an interest rate increase,
6 ZOAN CHARGES
{fa law, which upphes to this loan and which ets maximum loan chars ‘ges. is tinally intecpreted so inal the
interest or other Joan churges collected oy tw be col cd in connection with t S foun exeved the permined limits,
then: (a) any such Inn charge shall be reduced by the amount necessary
to reduc ¢ the charge to the permitted Tmit;
and (b} auy sums already collceted from me that exceoded permitted limits will
be refunded ty me. ‘The Note
Holder may choose 19 make this refund by reducing she Principal T owe
under this Note or by making a direct
payment to me. ff 4 refund reduces Principal, the reduc Sion will 6¢ (routed
as a partial Prepayment.
7 BORROWER'S VAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Puyments
It the Note Holder has not received the (ull amount of any monthly payment
ufter the date it is due, 1 will Pay @ tile charge t © the Note Holder.
by the end of 15 calendar days
The umount of the charge will be 3.00 % of
my overdue payment of principal and interest, A will pay
this late charge promptly but only once on cuch late
payment,
(B) Default
i Edo not pay the full amount af cach monthly payment om the date
if is due, t will be in default.
(C) Notice of Defautt
If Lam in default, the Note Holder may send me a wrillen Notice
tolling me that if 1 do nat pay the overdue.
amuat by a certain datc, the Note Hulder may require mo 19 pay
immediately the full amount. af Pri ‘ipal that has
nol been paid and all the Interest that L owe On that amon mn That date
must be al least 30) duys after the date on
which the notice is mailed to me or delivercd hy plher mea. ns,
(D) No Waiver By Note Huldur
Even if, at a time when [am in defauit, the Note Hulder does nat require me to pay immediately in tal as
described ubuve, the Note Holder will still ha ve the right to dp so if]
am in default ata [ater time.
(1!) Payment of Note Holder's Costs and Expenses
If the Note Holder has req quired me to pay immediately in full as described above, the Note Holder
will have
the right to be paid back & ¥ Me for all of its costs and expenses in enforcing this Note to ‘3‘7 Mt Not prohibited
by applicable law. Those expenses include, for example, reasonable alturticys® fees, [he cxLe
MULTISTATE AQJUSTABLE RATE NOTE-LIBORt ‘SIXCMONTH INDEX
(AS PUBLISHED IN THE WALL STREET JOURNAL}
‘Single Fomly-Fannig Mae UNIFORM INSTRUMENT
‘Ol (Paga 3 nt § Pagns)
. 2-
INITIALS:
Serbd 664 10}) UOKRS 0] 1WOd4 ABI)A AAD.9T-NP
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
a
Lown No: L983 219
8 GIVING OF NOTICES
Unless ayy hla law requires a different method. any HOtice that must he given to ine under this Note will
he given by delivering it or by mailing il by first el lass muil t me at
the Property Address ahove or at a different
address if [ give the Note Holder a nolice uf my d itferent address,
Unless the Note Tlolder requires a ditterent method, any novi © that
this Note will be given by mailing it by first class mail lo the Nol Le Holdermust he given to the Note Holder under
above or at a differant address if Tam given 1 notice of that different adie: the address slated in Section 3(A)
% OBLIGATIONS OF PERSONS UNDER THIS NOTE
ore shan one person signs this Note, ch erson is fully and personally obligated lo keep all of the
promis: made in this Note, including the promise 49 pay the full amount owed Any
surely or endorser of this Note Is also obligated w do the = things. Any person who is a guarantor,
person who takes over the esc obligations,
including the obligations of a guarantor, Surety of endors uf this Note, fs also abl igtted to keep all of the promi: S
amade in this Note. The Note Holder mu y enforce its rights under this
Note a wainst each person individually or
against all of as together. This means that uny one of us may he equired to pay all
this Note. of the amounts owed under
U WALVERS
Cand any other person who has ublig ations under this Note waive the rights
Dishonor, “Presentment” means the right { jo require the Note Holder ot Presentment and Notice of
to demand payment of amounts due. “Notice
of Dishonor" means the right (o require the Nole Holder 10 gi ve notice to other persons that amounts
been paid. due have not
tL UNIFORM, SUCURED NOTE
This Note is & uniform instrument with limited variations in same jurisdictions, (n
given ta the Note Holder under this Note, & Morigase, Deed of Trust, or addition to the protections
Security Dead (the "Security lastrument' ),
dated the same date as this Note, protects the Note Moldor from possible fosses
the promises that [ make in this Note. That Sceurity tnstrument describes how that might result if | do not ke ep
aid unde r what conditions { may
be required to maka immediate payment in fu Wl of all amounts | owe under this Note.
read as follows: S wing of those conditions
‘Transter of the Property or a Beneficial Luterest in Borcower. As used in this
the Property" means any [egal or benafi cial Interest in the Property, including, Section 18, "Interest in
but not limited 10, those
beneficial iniorests transferred in 4 bond for deed, contract for deed, instalfment sales contract
or escrow
ugreement, the intent of which is the wansfe: Hol tlle by Borrower at a future date to a purchasgr.
Tf all ar aay part of the Pro; perty or any Inlerest in the Property i is Sold or transferred (or
is not @ natural person and a be encficiul Interest in Borrawer is sold a} f Leansferred) withou if Borrower
writted consent, Lender may require immediate payaent i ie Call of all t Lender's prior
sums secured hy this Securhy
Instrument. However, this option shalt not he exercised by Lender if such exercise is prohibited by
Applicable Law,
If Lender exercises (he option to reyuire immediate payment in full, Lender
of acceleration, The notice shall provide a period o£ not fess than 30 days from shull give Borrower native
in accordance with Section 15 within which Borrower mu st pay all sums secured the date the notice Is given
by this Security Instrument.
If Borrower fails 1g pay these sums prior to the expirati on of tis
peried, Lender may invoke uny remedies
permiled by this Security Instrument without further n olice or demand
on Borrower.
MULTISTATE ADJUSTABLE RATE NOTE-LIBOR Speen IONTH INDEX (AS
PUBLISHED IN THE WALL STREET JOURNAL)-
Sige aniy Farinie Mao UNIFORM INSTRUMENT
1 (Page 4 of 5 Pagas}
*
INITIALS: i
928-S'd aGLSzOLY UOXEG IO, 1WOtd TI1A GAAD-OT-NOP
Date Filed 1/29/2024 3:11 PM
Superior Court - Hampden.
Docket Number
a
WITNESS ‘THE LANT(S) AND SEAL(S) OF THR UNDERSIGNED.
/
Ul f Kk ecrowar
ssun( Seal)
(Sign Original Onty{
ut Recoures:
ay to the OrderOf
Preview
Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number COMMONWEALTH OF MASSACHUSETTS HAMPDEN, SS. SUPERIOR COURT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR SAXON ASSET SECURITIES TRUST 2006-2 MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2006-2, 01/29/2024 Plaintiff, Vv. CATRINA DURISE MOYE, MALCOLM WILLIS and ALL UNKNOWN HEIRS, DEVISEES OR LEGAL REPRESENTATIVES OF THE ESTATE OF WILLIE WILLIS CASE No. 2ACV62 Defendants and LIBRARY PARK CONDOMINIUM TRUST, COMMONWEALTH OF MASSACHUSETTS ACTING THROUGH ITS DEPARTMENT OF REVENUE AND UNITED STATES OF AMERICA ACTING THROUGH ITS DEPARTMENT OF THE TREASURY (IRS DIVISION). Defendants/Parties-In-Interest VERIFIED COMPLAINT Introduction Plaintiff seeks a Declaratory Judgment pursuant to G.L. c. 231A, § 1, et seq., and applicable common law establishing (a) Plaintiff’s authority to enforce the terms of a certain Loan Modification Agreement dated July 19, 2019 (b) that such Agreement is a debt instrument and (c) Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number that as owner of and payee, through its loan servicer, named in the Loan Modification Agreement, Plaintiff has standing to enforce the default remedies set forth in the mortgage, including exercise of the statutory power of sale. Plaintiff also asserts the alternative theory of recovery of unjust enrichment. Parties 1 Plaintiff, Deutsche Bank National Trust Company (referred to herein variously as “Plaintiff” or “Deutsche Bank”) serving in the capacity as Trustee for Saxon Asset Securities Trust 2006-2, Mortgage Loan Asset Backed Certificates, Series 2006-2 (referred to herein variously as “Plaintiff” or “Deutsche Bank”), is a national banking association chartered and organized under the laws of the United States of America with business offices located at 1801 E. St. Andrews Place, Santa Anna, Ca 92705. 2 Defendant, Catrina Durise Moye, is an individual who, upon information and belief, resides at 213 Bidwell Street, Manchester, Connecticut 06040-6413. 3 Defendant, Malcolm Willis, is an individual who, upon information and belief, resides at 2235 Lofty Heights Place, Reston, Virginia 20191-1716. 4 Defendants, All Unknown Heirs, Devisees or Legal Representatives of the Estate of Willie Willis are persons whose identities and current whereabouts are unknown to the Plaintiff. 5 Defendant/Party-In-Interest, Library Park Condominium Trust, is an unincorporated organization of unit owners and the governing body of the Library Park Condominium situated in Holyoke, Massachusetts. c/o Margaret E. Bowler, primary trustee, 336B Maple Street, Holyoke, MA 01040. Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number 6. Defendant/Party-in-Interest, the Commonwealth of Massachusetts acting through its Department of Revenue (the “DOR”), has principal offices at 100 Cambridge Street, Boston, MA 02204 7 Defendant/Party-In-Interest, the United States of America acting through the Department of the Treasury, IRS Division (“USA”), has principal offices at 1500 Pennsylvania Avenue, NW, Washington, D.C. 20220. Facts 8 Willie Willis, now deceased, acquired title to the property known as 344 Maple Street a/k/a 336-344 Maple Street, Unit 344, Library Park Condominium, Holyoke, Massachusetts (the “Property”) by quitclaim deed of Willie Willis dated June 7, 2006 and recorded with the Hampden County Registry of Deeds on June 8, 2006 in Book 15962, Page 451. 9. Willie Willis gave a promissory note to Saxon Mortgage, Inc. D/B/A Saxon Home Mortgage(“Saxon”) in the original principal amount of $91,800.00 dated June 7, 2006 (the “Note”). The Note contains a single indorsement in blank by Saxon. A copy of the Note as contained in Deutsche Bank’s business records is attached hereto as Exhibit 1. 10. Deutsche Bank and its loan servicer, PHH Mortgage Corporation (“PHH”). despite diligent search, are unable to locate the whereabouts of the original Note as per the Lost Note Affidavit attached here at Exhibit 2. 11. To secure the repayment and other obligations contained in the Note, Willie Willis granted a mortgage encumbering the Property to Saxon in the original principal amount of $91,800.00 dated June 7, 2006, and recorded with the Registry on June 8, 2006, in Book 15962, Page 453 (the “Mortgage”). The loan evidenced by the Note and Mortgage is sometimes referred to herein as the “Loan”. A copy of the Mortgage is attached hereto as Exhibit 3. Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number 12. Willie Willis executed a Settlement Statement at the closing of the Loan in June of 2006, a true copy of which is attached hereto as Exhibit 4. 13. A portion of the Loan proceeds were used to pay off a prior mortgage given by Willie Willis to Argent Mortgage Company, LLC in the original principal amount of $75,600.00 dated June 28, 2005, as recorded with said the Registry on in Book 15161, Page 418 (the “Argent Mortgage”). 14. According to the HUD-1 Settlement Statement executed by Willie Willis at the closing of the Loan in June of 2006, $77,977.88 of the Loan proceeds were used to pay off the Argent Mortgage. The payee listed on the HUD-1 is “AMC Mortgage” who, upon information and belief, acted as loan servicer for Argent. 15. A discharge of the Argent Mortgage was recorded with the Registry on July 3, 2006, in Book 16024, Page 195. 16. Willie Willis entered a Loan Modification Agreement with Deutsche Bank, through PHH as its loan servicer, dated July 5, 2019 (the “Modification”) and executed and acknowledged by Willie Willis on July 18, 2019, a copy of which agreement is attached hereto as Exhibit 5. 17. Pursuant to the terms of the Modification, Willie Willis agreed to pay the sum of $88,981.33 (identified in the Modification as the “New Principal Balance”) to the order of PHH Mortgage Corporation” as the servicer/agent for Deutsche Bank and upon such terms as set forth in the Modification. Specifically, Willie Willis agreed to make monthly principal and interest payments of $523.23 to PHH as servicer/agent for Deutsche Bank commencing on August 1, 2019, and on the first day of each month thereafter through the July 1, 2036, maturity date of the Loan [See Exhibit 4, {2 and 3]. Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number 18. By its express terms, the Mortgage secures “the repayment of the Loan, and all renewals, extensions and modifications of the Note” [see the Mortgage at Exhibit 2, pg. 2, last paragraph]. 19. In turn, the Modification. provides, in relevant part, that “{a]ll the rights and remedies, stipulations, and conditions contained in the Security Instrument relating to default in the making of payments under the Security Instrument shall also apply to default in the making of the modified payments hereunder” [see the Modification at Exhibit 4, pg. 4,43al. 20. Willie Willis made payments to PHH as loan servicer for Deutsche Bank in accordance with the terms of the Modification for the July 1, 2019, through January 1, 2022, payment due dates as evidenced by the payment history for the Loan attached hereto as Exhibit 6. 21. The Loan remains two years delinquent with a contractual due date of February 1, 2022. 22. Willie Willis died on January 9, 2022, according to the Certificate of Death for Mr. Willis recorded with the Registry in Book 24705, Page 55. 23. After diligent search, Deutsche Bank and its loan servicer, PHH, have been unable to determine the whereabouts of the original Note. 24. Plaintiff wishes to commence proceedings to foreclose the mortgage by entry and by exercise of the statutory power of sale contained in the Mortgage but, in light of the requirements set forth in G.L. c. 244, §35C, cannot do so unless and until it obtains a declaratory judgment confirming that the Modification is a debt instrument, Plaintiff's status as a person entitled to enforce the Modification and thus its standing to foreclose the related Mortgage. Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number 25. Library Park Condominium Trust is named herein as a Defendant/Party-in-Interest because it has a lien on the Property by operation of law for any unpaid common area charges due under the terms a certain condominium Master Deed and related Declaration of Trust recorded with the Registry in Book 5144, Page 315 and in Book 5144, Page 328, respectively. 26. The DOR and USA are named herein as Defendants/Parties-In-Interest as either or both may claim liens on the Property that arose by operation of law upon the death of Willie Willis. COUNT I: DECLARATORY JUDGMENT — THAT THE MODIFICATION IS A DEBT INSTRUMENT DEUTSCHE BANK IS ENTITLED TO ENFORCE AND THUS DEUTSCHE BANK HAS STANDING TO FORECLOSE THE MORTGAGE 27. Plaintiff restates and incorporates by reference the allegations contained in paragraphs | through 26 hereof. 28. The Modification, though not a negotiable instrument governed by Article III of the Uniform Commercial Code, see G.L. c. 106, §1-101, et. seq., is a debt instrument as it contains an unequivocal promise to pay “the order of’ PHH Mortgage Corporation as servicer/agent for Deutsche Bank the stated New Principal Balance of $88,981.33 upon the terms stated therein. See Eaton y. Federal Nat. Mortg. Ass’n, 462 Mass. 569, 584, 969 N.E.2d 1118, 1130 (2012), identifying “security for a debt” as the essential nature and purpose of a mortgage. 29. “In consideration of the mutual promises and agreements exchanged,” the parties agreed to the terms of the Modification “notwithstanding anything to the contrary contained in the Note” [See the Modification at Exhibit 4, pg. 2]. 30. Plaintiff seeks a declaratory judgment pursuant to G.L. c. 231A, §1, that (a) declares that the Modification is a debt instrument enforceable independently of the Note; (b) declares that Deutsche Bank, is entitled to enforce the terms and conditions of the Modification and, as a result, (c) declares that Deutsche Bank, as holder of the Mortgage that secures the obligations of Willie Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number Willis as set forth in the Modification, is entitled to exercise the default remedies provided for in the Mortgage including exercise of the statutory power of sale. COUNT II: UNJUST ENRICHMENT AND EQUITABLE LIEN 31. Plaintiff restates and incorporates by reference the allegations contained in paragraphs 1 through 26 hereof as if fully set forth herein. 32. Plaintiff's predecessor-in-interest, Saxon, conferred a measurable benefit on Willie Willis in that the proceeds of the Loan now owned by Plaintiff enabled Willie Willis to purchase the Property. In consummating the Modification with Wille Willis, Deutsche Bank also conferred a measurable benefit on the Willie Willis by capitalizing then-existing loan arrearages, thereby restoring the loan to current status and converting the obligation from an adjustable interest rate to a fixed rate of 4.125%. 33. The original Lender identified in the Note and Mortgage, and later Deutsche Bank through its loan servicer, PHH, as the Lender identified in the Modification, negotiated for and reasonably expected that the Loan would be repaid, with interest, according to the terms provided for in the Note as superseded by the terms of the Modification. 34. As is evident from his signature on the Modification, the Mortgage and other Loan documents, Willie Willis accepted the benefits of the Modification and understood and agreed that the Lender and its successors and/or assigns expected repayment of the Loan principal, with interest, as provided for in the Modification. 35. If it is determined that Deutsche Bank is unable to enforce the Mortgage and exercise the default remedies thereunder, including the statutory power of sale, it would be unjust Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number and inequitable to allow the Defendants, Catrina Durise Moye and Malcolm Willis, the presumed sole heirs-at-law of the late Willie Willis and thus joint owners of the Property, to retain the Property and have a windfall by not providing Plaintiff with an adequate means of securing repayment of the outstanding New Principal Balance of the Loan memorialized in the Modification. 36. Plaintiff prays that the Court exercise its broad equitable powers to impose an equitable lien on the Property in favor of Deutsche Bank in an amount to be determined by the Court equal to the original New Principal Balance recited in the Modification plus escrow disbursements for real estate taxes and hazard insurance, if any, but less any repayments of principal heretofore made by Willie Willis prior to his death plus accrued interest to the extent recoverable by law that may be foreclosed upon in the same or similar manner as that provided for in G.L. c. 244, § 14, but without any requirement that Deutsche Bank execute and record an affidavit attesting to its status as holder of the Note or one acting as agent for the holder of the Note. WHEREFORE, the Plaintiff respectfully requests that the Court: (a) Enter Judgment pursuant to G.L. c. 231A, § 1, et seq., declaring that: (i) That the Modification itself is a debt instrument the terms and conditions of which are enforceable independently of the Note and notwithstanding any contrary terms contained in the Note; (ii) That Deutsche Bank is the owner and/or a party otherwise entitled to enforce the terms and conditions of the Modification; and (iii) That Deutsche Bank, as the owner and/or party otherwise entitled to enforce the terms of the Modification, is also the holder of the Mortgage Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number and entitled to exercise the default remedies provided for in the Mortgage including exercise of the statutory power of sale; and (b) If relief is not granted under paragraph (a) above, impose an equitable lien on the Property to the extent of sums paid to or for the benefit of the late Willie Willis from the Loan proceeds plus accrued interest thereon and allow Plaintiff to “foreclose” on such lien in the same or similar manner as that provided for by G.L. c. 244, § 14, but without the necessity of recording an affidavit as to note-holder status otherwise required by G.L. c. 244, § 35C; and (c) Grant such further relief as the Court deems just. Dated: January 30, 2024 Respectfully submitted, Deutsche Bank National Trust Company, as Trustee for Saxon Asset Securities Trust 2006-2 Mortgage Loan Asset Backed Certificates, Series 2006-2 By its attorney, John S. McNicholas John S. MeNicholas, Esq., BBO # 546542 Korde & Associates, P.C. 900 Chelmsford Street, Suite 3102 Lowell, MA 01851 (978)-256-1500 (ext. 26203) imenicholas@kordeassociates.com Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number EXHIBIT 1 D. PM Docket Number ‘ + dtonea’” weal corre: Borrower: WILLIF. WILLIS eucctaal thaw, oni anny DL teeny — ADJUSTABLE RATE NOTE (LISOR Six-Month Index (As Published In ‘the Wall Street Jonrnal)}—Ruate Cups) THIS NOTE CONTAINS PROVISIO NS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY Pat YMENT. TUS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGIS AT ANY ONE TIME AND ‘THE MAXIMUM RATE | MUST PAY. June 7, 2006 HOLYOKE MASSACHLISETTS [State] 34q MAPLE sr HOLYOKE, MASSACHIU: TTS 1040 (Proparly Adgtesy) i BORROWER'S PROMISE TO PAY fn return for a foan that [ have received, ( promise to pay U.S. $ 91,800.00 (this amount is called “Principal*), plus interest, (uo the order of Lender. Lender is SAXON MORTGAGE, INC. D/B/A SAXO MORTGAGE. 1 will make all payments un der (his Note in the form N HOME of cash, check or money order, 1 anderstand that (ender ma y teansier this Note, Lender or anyone who ta kes this Note by transter and who is entitled to receive payments yi nder this Note is called the "Note Flotder." 2. INTE. ST Intorcst will be charged on unpaid principal until the full amount at # yearly rate of 10,000 %. "Phe interest ta! te Twill pay of Principal has heen patd. 1 will pay interest tay change in accordance with Section 4 af this Nate, ‘The interest rate required by this Sect aon2 and Section 4 of this Note ts the rate | will pay both belore alter any default described in Section 7B) of thi is Not. and 3 PAYMENTS (A) Time and Place of Payments I will pay principal and interest b yy making a payment every month, Twill maka my monthly pay ments on the Shst day of cach month beginning on August 1, 206. 1 will make these payments every month until | have paid all of the princip al und interest and any other chargey described below that ( may owe under this Nore. Each moni thly payment will be applied WG interest before Principal, Th, on July f, 2036, L still Applicd as Of its scheduled due date and will be owe amounts under this Note, Twill pay those amounts in full on that dig, which called the “Maturity Date." {will make my monthly payments at RO. Box 961105, Fort Worth, 1X 76161-0105, or al a different place if tequired by Ge Note ft tolder. urns TATE ADJUSTABLE RATE NOTE-LIBOR Six! MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) iy Fannig Moo UNIFORM INSTRUMENT Bidet (Fuge t of § Pages) INITIALS: eh | r2'd BRGY UOXEGsoL 104) BIR aAAD.oTNIR Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number a a (B) Amount of My Tnitinl Monthly Payments Bach of my initial monthly payments will be in the amount of U.S. - & 805.61. ‘This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my town and in the interest rate that Lmust pay. The Note Holder will determine my new fitterest rate and the chan; ged smnount of my monthly juyment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dutes ‘The interest rate L will pay may change on the first day of July, 2008, and on that day every 6th imonih thereafter. Bach date on which my interest rate could vhange is called a "Change Date." (3B) ‘The tndex Beginning with the first Change Date, my interost rate will be based on un Index, ‘The “Indyx" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market published in ‘Yhe Wall Street Journal. The most recess Index figure avail (LIBOR’), as able as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Currant Index." If the Index is ay longer available, the Note [older will choose a new index that is based upon comparable intormation, The Note Holder will give me notice of this choice. {C) Cateutation of Changes: Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX and ONE/HALE percentage paints ( 6.500 %) to Lhe Current Index. ‘The Note [folder will then round the result, of this addition to the nearest one-eighth of one poreentage point (0.125%). Subject to the limits stated in Section 4(D) heluw, this rounded amount will be my new interest rate until the next Change Date, The Note Holder will then determing the amount of thw monthly pat ment that would be sutficiom w repay the unpaid principal that 1 wm expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments, The resutl of (his calculation will be the new amount of my monthly payment, (D) Limits on Interest Rate Changes The interest rate ] am re ‘quired Io pay at the first Chunge Date will nor he ercater t an 13.0000 % or Jess than ‘TAMKK) J. Thoreatter, my interest rate will never be increased or dex creased on any single Change Date by more than ONE percentage polit (1.00 9) from the raic of interest f have . he paying for the preceding 6 months. My Interest rate will never be greater than 16,0000 %, (8) {effective Date of Changes My new interes) rate will become effective on cach Change Date.f will pay the amount of my ne ‘ w monthly payment bepinning on the first monthly payment date after the Change Date unc the amount af my monthly payment changes again. (F) Notice of Changes ‘The Note Holder will deliver ur mail to me a notige of an y changes in my Interest rate and the amount uf my monthly payment betore the effective dale of any change, ‘th notice will include information required by law to be given (0 me and also the title and telephone number of a persan who will quswer any question | may have regarding the notice. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR SIGMONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) ‘Singlt Famiy-Fannte Mae UNIFORM INSTRUMENT rage 2 of S Pages) INITIALS: (Ni __. SavE'd 26064 4O},| UOXRS 10) sWOodd BAIA FAAR-9T-NOe Date Fi ate Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number a a 5. BORROWER'S RIGHT TO PREPAY | have the right to make payments of Pringipal a any lime before they is known as a "Prepayment." are duc, A payment of Principal only When I make a Prepayment, J will tell the Not fe Holder I may aot designate a payment as a Prepayment if | have nut made all (he monuuly in writing that Tam doing so. payments due under this Note, | may make 4 full Prepayment or partial Prepayments without pa ying any Prepayment charge, ‘fhe Notes Holder will use my Prepayments to reduce she amount of Principal that | we under this Note, However, the Note lolder may apply my Pre; payment 10 the acerugd and unpaid interest on the Prepayme Prepayment to reduce the Principal amount of this Note. TEL a ake 4 partial Prepaym nt ainount before applying my in the due dates of my monthly payments wilyss the Note Hold ler ent, there will be no changes Agrees Iu wriling to those changos, My partial Prepayment may reduce the amount of my Monthly payments alt er (he first Change Date following my partial Prepayment, However, any reduction due 1 my partial Prepaymet ‘OL may be offset by an interest rate increase, 6 ZOAN CHARGES {fa law, which upphes to this loan and which ets maximum loan chars ‘ges. is tinally intecpreted so inal the interest or other Joan churges collected oy tw be col cd in connection with t S foun exeved the permined limits, then: (a) any such Inn charge shall be reduced by the amount necessary to reduc ¢ the charge to the permitted Tmit; and (b} auy sums already collceted from me that exceoded permitted limits will be refunded ty me. ‘The Note Holder may choose 19 make this refund by reducing she Principal T owe under this Note or by making a direct payment to me. ff 4 refund reduces Principal, the reduc Sion will 6¢ (routed as a partial Prepayment. 7 BORROWER'S VAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Puyments It the Note Holder has not received the (ull amount of any monthly payment ufter the date it is due, 1 will Pay @ tile charge t © the Note Holder. by the end of 15 calendar days The umount of the charge will be 3.00 % of my overdue payment of principal and interest, A will pay this late charge promptly but only once on cuch late payment, (B) Default i Edo not pay the full amount af cach monthly payment om the date if is due, t will be in default. (C) Notice of Defautt If Lam in default, the Note Holder may send me a wrillen Notice tolling me that if 1 do nat pay the overdue. amuat by a certain datc, the Note Hulder may require mo 19 pay immediately the full amount. af Pri ‘ipal that has nol been paid and all the Interest that L owe On that amon mn That date must be al least 30) duys after the date on which the notice is mailed to me or delivercd hy plher mea. ns, (D) No Waiver By Note Huldur Even if, at a time when [am in defauit, the Note Hulder does nat require me to pay immediately in tal as described ubuve, the Note Holder will still ha ve the right to dp so if] am in default ata [ater time. (1!) Payment of Note Holder's Costs and Expenses If the Note Holder has req quired me to pay immediately in full as described above, the Note Holder will have the right to be paid back & ¥ Me for all of its costs and expenses in enforcing this Note to ‘3‘7 Mt Not prohibited by applicable law. Those expenses include, for example, reasonable alturticys® fees, [he cxLe MULTISTATE AQJUSTABLE RATE NOTE-LIBORt ‘SIXCMONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL} ‘Single Fomly-Fannig Mae UNIFORM INSTRUMENT ‘Ol (Paga 3 nt § Pagns) . 2- INITIALS: Serbd 664 10}) UOKRS 0] 1WOd4 ABI)A AAD.9T-NP Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number a Lown No: L983 219 8 GIVING OF NOTICES Unless ayy hla law requires a different method. any HOtice that must he given to ine under this Note will he given by delivering it or by mailing il by first el lass muil t me at the Property Address ahove or at a different address if [ give the Note Holder a nolice uf my d itferent address, Unless the Note Tlolder requires a ditterent method, any novi © that this Note will be given by mailing it by first class mail lo the Nol Le Holdermust he given to the Note Holder under above or at a differant address if Tam given 1 notice of that different adie: the address slated in Section 3(A) % OBLIGATIONS OF PERSONS UNDER THIS NOTE ore shan one person signs this Note, ch erson is fully and personally obligated lo keep all of the promis: made in this Note, including the promise 49 pay the full amount owed Any surely or endorser of this Note Is also obligated w do the = things. Any person who is a guarantor, person who takes over the esc obligations, including the obligations of a guarantor, Surety of endors uf this Note, fs also abl igtted to keep all of the promi: S amade in this Note. The Note Holder mu y enforce its rights under this Note a wainst each person individually or against all of as together. This means that uny one of us may he equired to pay all this Note. of the amounts owed under U WALVERS Cand any other person who has ublig ations under this Note waive the rights Dishonor, “Presentment” means the right { jo require the Note Holder ot Presentment and Notice of to demand payment of amounts due. “Notice of Dishonor" means the right (o require the Nole Holder 10 gi ve notice to other persons that amounts been paid. due have not tL UNIFORM, SUCURED NOTE This Note is & uniform instrument with limited variations in same jurisdictions, (n given ta the Note Holder under this Note, & Morigase, Deed of Trust, or addition to the protections Security Dead (the "Security lastrument' ), dated the same date as this Note, protects the Note Moldor from possible fosses the promises that [ make in this Note. That Sceurity tnstrument describes how that might result if | do not ke ep aid unde r what conditions { may be required to maka immediate payment in fu Wl of all amounts | owe under this Note. read as follows: S wing of those conditions ‘Transter of the Property or a Beneficial Luterest in Borcower. As used in this the Property" means any [egal or benafi cial Interest in the Property, including, Section 18, "Interest in but not limited 10, those beneficial iniorests transferred in 4 bond for deed, contract for deed, instalfment sales contract or escrow ugreement, the intent of which is the wansfe: Hol tlle by Borrower at a future date to a purchasgr. Tf all ar aay part of the Pro; perty or any Inlerest in the Property i is Sold or transferred (or is not @ natural person and a be encficiul Interest in Borrawer is sold a} f Leansferred) withou if Borrower writted consent, Lender may require immediate payaent i ie Call of all t Lender's prior sums secured hy this Securhy Instrument. However, this option shalt not he exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises (he option to reyuire immediate payment in full, Lender of acceleration, The notice shall provide a period o£ not fess than 30 days from shull give Borrower native in accordance with Section 15 within which Borrower mu st pay all sums secured the date the notice Is given by this Security Instrument. If Borrower fails 1g pay these sums prior to the expirati on of tis peried, Lender may invoke uny remedies permiled by this Security Instrument without further n olice or demand on Borrower. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR Speen IONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL)- Sige aniy Farinie Mao UNIFORM INSTRUMENT 1 (Page 4 of 5 Pagas} * INITIALS: i 928-S'd aGLSzOLY UOXEG IO, 1WOtd TI1A GAAD-OT-NOP Date Filed 1/29/2024 3:11 PM Superior Court - Hampden. Docket Number a WITNESS ‘THE LANT(S) AND SEAL(S) OF THR UNDERSIGNED. / Ul f Kk ecrowar ssun( Seal) (Sign Original Onty{ ut Recoures: ay to the OrderOf