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COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, SS. SUPERIOR COURT
sere ee
-—
BERKSHIRE BANK, rst, Ge
HAL’. ‘ cc aanromecemreentry
Plaintiff,
Vv. CIVIL ACTION NO: 1 v0l2 rep 2.2 2017
ANTHONY C. PROTO Bi 1 Ji
Defendants. " “
—_
AMENDED COMPLAINT TO FORECLOSE MORTGAGE
This is an action pursuant to the provisions of the Servicemembers Civil Relief Act
seeking authorization from this Court to proceed with a mortgage foreclosure.
The Plaintiff, Berkshire Bank, is a Massachusetts banking corporation, with its principal
offices located at 66 West Street, Pittsfield, MA 01201.
The Defendants, Anthony C. Proto, is an individual having an address of 84 Line Street,
Southampton, MA 01073 and 331 Main Street, Apt. C, Easthampton, MA 01027.
No other persons, other than the parties to this action, appear on record in the Hampshire
County Registry of Deeds to have an interest in the equity of redemption in the mortgage
premises as more fully described below.
On or about February 15, 2011, Michele L. Bond, made and delivered to Berkshire Bank
a Promissory Note (the “Note”) secured by a mortgage covering real property located at
84 Line Street, Southampton, Massachusetts 01073, said mortgage being recorded with
the Hampshire County Registry of Deeds in Book 10484, Page 125 (the “Mortgage”.
On or about December 20, 2011, Michele L. Bond conveyed the property to herself and
Anthony C. Proto as JOINT TENANTS, by Deed recorded with said Deeds in Book
10762, Page 217.
Michele Bond died on October 28, 2014.
The Mortgage provides that it is upon the Statutory Condition, and for breach of said
Statutory Condition or of any other covenant or condition contained therein, the holder
shall have the Statutory Power of Sale, upon any terms and conditions permitted by
applicable law.
9. The Mortgage is in default, since interest and principal have not been paid when due, or
at any other time, and the Plaintiff intends to foreclose the Mortgage by entry and
possession and by the exercise of the Statutory Power of Sale contained in the Mortgage.
10. On information and belief, no person holding an interest in the property is in the military
service of the United States within the meaning of the Servicemembers Civil Relief Act.
11. The Plaintiff knows of no person interested in the premises secured by the Mortgage who
is in the military service of the United States.
WHEREFORE, the Plaintiff, BERKSHIRE BANK, demands:
A. That this Court enter an Order affirming that no party to this action is
entitled to the protection of the Servicemembers Civil Relief Act, as
amended;
That this Court enter an Order permitting the foreclosure of the
Mortgage by entry and possession and by the exercise of the Statutory
Power of Sale; and by the exercise of the Statutory Power of Sale; and
C. That this Court grant such other relief as it deems equitable and just.
Respectfully submitted:
BERKSHIRE BANK
LA,
By Its Attorney:
Lhe
William E. Marti in
MARTIN & OLIVEIRA, LLP
THE CLOCKTOWER
75 South Church Street, Suite 550
Pittsfield, Massachusetts 01201
Telephone Number: (413) 443-6455
Facsimile Number: (413) 445-5883
BBO Number: 550466
Dated: February 17, 2017
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COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. SUPERIOR COURT sere ee -— BERKSHIRE BANK, rst, Ge HAL’. ‘ cc aanromecemreentry Plaintiff, Vv. CIVIL ACTION NO: 1 v0l2 rep 2.2 2017 ANTHONY C. PROTO Bi 1 Ji Defendants. " “ —_ AMENDED COMPLAINT TO FORECLOSE MORTGAGE This is an action pursuant to the provisions of the Servicemembers Civil Relief Act seeking authorization from this Court to proceed with a mortgage foreclosure. The Plaintiff, Berkshire Bank, is a Massachusetts banking corporation, with its principal offices located at 66 West Street, Pittsfield, MA 01201. The Defendants, Anthony C. Proto, is an individual having an address of 84 Line Street, Southampton, MA 01073 and 331 Main Street, Apt. C, Easthampton, MA 01027. No other persons, other than the parties to this action, appear on record in the Hampshire County Registry of Deeds to have an interest in the equity of redemption in the mortgage premises as more fully described below. On or about February 15, 2011, Michele L. Bond, made and delivered to Berkshire Bank a Promissory Note (the “Note”) secured by a mortgage covering real property located at 84 Line Street, Southampton, Massachusetts 01073, said mortgage being recorded with the Hampshire County Registry of Deeds in Book 10484, Page 125 (the “Mortgage”. On or about December 20, 2011, Michele L. Bond conveyed the property to herself and Anthony C. Proto as JOINT TENANTS, by Deed recorded with said Deeds in Book 10762, Page 217. Michele Bond died on October 28, 2014. The Mortgage provides that it is upon the Statutory Condition, and for breach of said Statutory Condition or of any other covenant or condition contained therein, the holder shall have the Statutory Power of Sale, upon any terms and conditions permitted by applicable law. 9. The Mortgage is in default, since interest and principal have not been paid when due, or at any other time, and the Plaintiff intends to foreclose the Mortgage by entry and possession and by the exercise of the Statutory Power of Sale contained in the Mortgage. 10. On information and belief, no person holding an interest in the property is in the military service of the United States within the meaning of the Servicemembers Civil Relief Act. 11. The Plaintiff knows of no person interested in the premises secured by the Mortgage who is in the military service of the United States. WHEREFORE, the Plaintiff, BERKSHIRE BANK, demands: A. That this Court enter an Order affirming that no party to this action is entitled to the protection of the Servicemembers Civil Relief Act, as amended; That this Court enter an Order permitting the foreclosure of the Mortgage by entry and possession and by the exercise of the Statutory Power of Sale; and by the exercise of the Statutory Power of Sale; and C. That this Court grant such other relief as it deems equitable and just. Respectfully submitted: BERKSHIRE BANK LA, By Its Attorney: Lhe William E. Marti in MARTIN & OLIVEIRA, LLP THE CLOCKTOWER 75 South Church Street, Suite 550 Pittsfield, Massachusetts 01201 Telephone Number: (413) 443-6455 Facsimile Number: (413) 445-5883 BBO Number: 550466 Dated: February 17, 2017