Professional Documents
Culture Documents
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MAILING ADDRESS:
P.O. BOX 6r0389
NEW'TON HIGHLANDS, MA 0246I.0389
FAX (617)244-7304
SERT|ING MASSACHUSETTS, NEW H.4MPSHIRE AND RITODE ISLAND
NATHALIE K. SALOMON
ili1ltr1i-lltrlracsimite
nsal omon@harmonl aw. com
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q:T1{:013}
Tim A. Bryant
80 Bradford Drive
Feeding Hills (Agawam), MA 01030-2728
Re:
I.
In your e-mail dated November 15,2012, you contend that HSBC Bank lacks
standing to foreclose on the mortgage. While not clearly articulated, and in support of
your contention, you seem to suggest that HSBC Bank did not comply with the terms of
the PSA ("Pooling and Servicing Agreemeni") and that MERS had no authority to assign
the mortgage. You also contend that HSBC Bank has never held the mortgage. Your
allegations fail as a matter of law because (l) the record clearly shows that HSBC Bank is
the current holder of the mortgage, (2) you have no standing to raise any issue regarding
the PSA, (3) the courts in Massachusetts have unanimously held that MERS has authority
to assign, and (4) the assignments of mortgage are valid and binding.
First, the public record at the Registry of Deeds clearly shows that the HSBC
Bank is the current holder of mortgage by assignment, as a result of two successive
assignments of the mortgage as follows:
1.
E*hifiia]-
r,oAN *
t ta4126037
The initial fixed interest rate I witl pay will change ro an adjustable inbrcst rato on the f irst
day of
ocroBER' 2 010 ' and the adjusabie interesl rate I will pay may changc an ftat day every l2rh month thereafrer.. The
date cn which rny initial frxcd inlcrcst rate changcs to an adjustablc iRtere.st rate, and each date on which rny adjustablc inlere.st
rate could change, is called a "Change Date.,,
@) The fndex
Beginning with tho first Chang-e Dare, my adjuetable inferest rate will be based on an Index, The ,,Index" is the average of
interbank offered fates for one-year IJ.s, dollar-denominsted deposiLs in the London market (IJBoR), as pul:Iished in The-wall
Street Joumal' T'he most rccent Index figuro availablc as of thl dato 45 days beforc oach it *g" brt" is catted thc
"Current
Index."
If thc Index is no longer available, the Note Holder will choose a new index rhat is bascd upon compar.able information.
Thc Note Holder will give me notice of this choice.
CI)CnlNntimd[hnnuns
Beforo each Change Date, the Notc Holder will catculgte my new interest rate by adding
percenhgppoints( z.zso %) to the Curront Index. The Note llolder will thcn
Two & oNE-QUARTER
round the result of this addition to tre nearest one-cighrh of ono perccntage point (O.1?5?o), Subject to the limits statcd in
Section 4(D) bolow, this roundcd amount wilt be my now inrrestrate until the next Chango Date.
The Note Holder will then determine lhe amount of the monthly payment that woutd be sufficient to rcpay the unpaib
principal that l am expccted to owe at the Change Datc in full on tbo Manrrity Date at my new interest rate in substantiatly equal
paymenta- The result of this calculadon will be *le new amount of my monahly paymenl
(D) Limtts on fnterest Rate Changes
The interest rate I am required !o pay at thg first Change Date will no! be'grBater than 10 . 625 % or lees than
2 .25O 96, Thereafter, my adjustable intcfcst rate will nevcr be lncrca.sed or derrcascd on any singlo Change Datc by more
than t$ro percenhge points from the rate of interest I have been paying for the preceding L2 months. My intergsr rate will never
bogreatcrthan 10.625
9o.
I have the right to make payments of Principal at any time beforo they are due. A payment of Principal only is known as a
"Prepa5rment." 'When I make a Propayment, f will tell the Notc Holdcr in writing that I am doing so. I may not dasignate a
paymcnt as a Prepa3rmont lf I have not made all thc monthly payments due under thia Note.
I may make a full Propayment or [rartial Prepayrnenlr without paying any Prepayment charge. The Note Holder wilt usc
my Pnopayments to rcduce the amount of Principat that I owe undor this Notc. Howcvcr, thc Nore Hotdcr tnay apply my
P(epayment to the accrued ard unpaid interest on the Prepa)rment amount before applying my Prepayrnont to rEduce the
Principal &mount of the Note. If I make a paltial Prepayment, thsre witt be no changes in thc due date of my monthly paymenra
unless thc Note Ilolder agrees in writing to those changes. If rhe pa{ial Prepayment is made during the period wlren my monthly
payments consist only of intcres!, the amowrt of the rnonthly paymcnt witl decreaso for tho romainder of tho torln when my
paymenB aonsist of only inbre.st. If the partial Prcpaymenr is made during the period when my payment8 consist of principal
and intcrest, my partial Prepa).ment may reduce the amount of my monthly paymenb.aftcr thc first Changc Date foltoting my
partial Prcpaymenl llowever, any reducdon duc to my parda! Prepayment rnay be offset by an ifltcrest rate increase.
6. LOAN CIIARGES
If a law, which applie"s to this loan and which sets maximum loan charges, is fi[atly interproted so that the interegt or ofier
loan charges cdleoted or to be collccted in connec[ion with this loan excecd the permitled limits, then: (a) any such loan charge
shall be rcduced by the amount nerc.ssary to reduce the charge to rhe permittd limit; and (b) any sutns already collected from
mc that cxceeded permirtcd limil.s witl be refunded. lo me. The Nore F{older may choose ro nake this refund by rcducing the
Principal I owe undcr this Note or by making a direct paymenr to me, ff & rfund rcduces Principal, the rcduction wiu be tceted
as a partial Prepayment.
7. B()RROIilER'S
pay this Iats ehargo prOmptly but only oncc on each lalc payrnBnl
(B) Default
do not pay the full amount of each monthly paymcnt on the datc it is due, I will be in dcfaulL
If I
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. MULTISTATE Inl3lct OnIy
aDSoE-XX (oil/c3)
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loAN
).L4726O37
If I am in defaul! thc Note Holder may send mc a writ@n notice telling me that if I do not pay the overdue amount by a
cortain date, the Note Holder may require me to pay im;nediately the fulI amount of Principal that has not been paid and all the
interest that f owe on that amount. Ttrat date must be lt least 30 days after the date on which the notice is mailed to me or
delivered by othr maans.
S. GWINGOFNOTICES
Ijnless applicable law rqDires a dififersdt metho4 any noticc that rnust be givcn to me undr this Note wiII be grvtu by
delivering it or by mailing it by first class mail to me at the Property Address above or at a diffierent address if I givc the {ote
Holder anotice of my diffcrent address.
IJnless the Notc I{oldor requires a different metho4 any notico that mustbe givcd to thc Noto lf,older under this Nolc will
be given by maillng ir by fir8t clbss mail to the Notc Elolder ar thc addrcss stated in Section 3(A) above or at a differcnt address
iff am given a notice of that differcnt add$sss.
10. \trawERs
I srd any other perso-n who has obligations under this Note waive the rights of Pr-csontment and Notice of Dishonor.
"Pre.sentment" mea$s tho right to reguire thc Note Holder to de{nand payrnont of amounts due, "Notice of Dishonor' means the
right to require thc Noto IIoIder to give notice to other persons thai strnounb due have not been paid.
11. UNIF'ORM SECT'RED NOTE
Thie Note is a unifoirn instrument with iisrited variations in some judsdictions. In addition to the protections given to dre
Note Holdcr under this Note, a Mortgage, Decd of Tru6t, or Security Deed (the "Sccurity Instrumenf'), dated tho same dato aa
this Note, protects the Note Holder ftom possible losses that might result if I do nor keep the promises that f drake in this Note.
That Security Instrument describEs how and under what conditiona I may be-required to make immediate paymcnt in full of all
amounts l owe undcr thie Note. Some of thoso conditions read a.s follows:
(A) Until my initial fixed interest rate changes to an adju8tab.le interest rate undcr the tcrma statcd in Section 4 abovc,
Uniform Covgnant 18 of the Sccurity Instrument shgll read as follows:
Transfer of the Proporty or a Beneficial Interest in Borrowen As used in this Section 18, "Interest in tlte
PropcrEy" mean8 any legal or beneficial intereat in the Property, including, but not limitcd to, those beneficial
iilterests transferred in a bond for deed, contract for deed, installment salca contract or escrow agtsment, the intent of
which is the transfer of tide by Ilorrower at a future datc to a purchaser.
If all or any part of the Property or arry interest in it is sold or transferred (or if Borrower ia not a natural pereon
and a beneficial intereGt in Borrower is sold or Fansferred) without Lender's prior written con8ent, I3nder m8y, at its
option, roquirc immediata payment in fulI of all eunre sccured by ttris Sccuriry Inst ument. Ilowevcr, this oprion shall
not be exercised by Lender if exe'rcisc is prohibited by fedoral law.
If ffoder exercises this option, Lender shall give BolnDwer nodce of accelenation. The notice shall pmvide a
period of not less than 30 days fiom the dato the notice ie grvsn in accordance with Section 15 within which Borrower
must pay all sums securcd by this Security fnstrumenl If Borrower fails to pay these sums prior to lhe expiration of
this period, Lender uray invoke any rcmedics permitted by this Security Insrument without firrther notice or dcmand
on Borrower,
(E;) When r1r5r inttial fi;ed ifltEresr rate changes-ro an adjustable interest ratc undor the terrna Btatcd in Sccrion 4 abovc,
Uniform Covnant 18 of the Secudry Instrurpnt described in Section 11(A) abovc ghall thEn ccase to be in offcct, and.Ilniforrr
Covenant 18 of the Security Insrumcnt shall instcad rcad as follows:
Trarsfer of tbe Property or a BeneFcial Inlerest in Borrower. As used in tlris Section 18, "fntarest in the
Property" means any logal or benefrcial intcrcst in ttre Propcrty, including, but not limircd to, thosc bcncficial
interesB tmnsferred in a bond for deed, contract for deed, iostallment ssles contract or escrow agrcement, thc intent Of
which is thc transfor of titlo by.Ilorrowcr at a futurc date !o a purchaaer.
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MULTISTATE lntlrcat ody AATU6TABLE FATE NOTE - ONE YEAR LBOR INOEX
2D8O+XX (()4/06)
Fage 3 ot 4
t
Prepared by: ALICIA CBISOSTOMO
LOAN #; Lj-4726O37
TT.IIS NOTE CONTAINS PROVISIONS ALLOWING FOF A GHANGE IN MY'FIXED INTEREiT RATE
23, 2OO5
fDrto]
SEPTEMBER
FEEDING HILI,S
tcity)
MASSACHUSETTS
[Steie]
2. INTERES.I
Interest will be charged on unpaid principat until the full amount of Principal ha.s been paid. I will pay intcrest at a yearly
5 . 625 %.The interest rate I will pay may chango in accordance with Seotion 4 of this Note.
The interest rate requircd by this section 2 and Section 4 of this Nore is rhe rate I will pay both beforc and after any defaulr
dcscribed in Scction 7(B) of this No!o.
rato
of
3. PAYMENTS
f,irst
dayofeverymonth,bcginningon N6vEMBER 01, 2oob
Bcforc the First Principal and Intereet Payment Due Datc as described in Scction 4 of this Noto, my payment will consist only of
the intere.st due on the unpaid principal balancc of this Note. Thereafler, I will pay principal and interest by making a payment
every rnonth a.s provided below.
I will make my monthly paymenLs of principal and intorest boginning on the First Principal and Intcrogt Payment Duo Dato
as described in Section 4 of tbis Note. I will make these paymonls every month unril I havo paid all of the principal and intcregt
and any other chargcs described bclow that f may owe under this Note. Each monthly payment will be applied as of it8
schedulcd due date, and if the payment includes both principal and interest, it will bo apptied to interest Uefore principat. If, on
ocroBER 01, 2O35 ,I still owc amoun[o undor this Ngtc, f wifi pay thos6 arnounB in full on that daE, which is called
the']vlaErriry Dare."
I urill makc rny monrhly paymcnts at
Iwillmakeapaymcnt'on*le
Tn- 15266-0694
MymonthlypaymentwillbeintheamountofU.S.$ 1,068.75
beforb the First principal and Interesr
Payment Due Darc, and thereafter will be in an amount sufficient to repay the priucipal and ioterest at the rato detegnined as
doscribed in Section 4 of thie Note in substEntially equal installments by thc Maturiry Date. Thc Note llotder will notify me
prior to the date of changc in monthly payment.
(C) Monthly Palrmont Changes
Changes in my rnonthly payment will rcflect changes in the unpaid principal of my loan and in tho intersst rato that I musr
pay. The Note Holder will determine my new inbrest rate and lha changed amounr of my monthly paymcnt in accordance with
Section 4 or 5 of this Note,
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O MULTISTATE INIAT*I ONIY AD.IUSTABLE RATE NOTE - ONE YEAR UBOR INDEX
.'Pags 1 of 4
zDEO5-XX (O4lo3)(d)
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If all or any palt of the Property or any
f.oAN #: 1l-4725037
if Borrower io not a
natural person and a beneficial interest in Borrower is sold or transfercd) without Lcnder's prior written consent,
Lender may rtquirc immediatc payrnont in full of all sum$ gecured by this Seculity Instrument, I{owever, this option
shall not tre excrcised by !.cnder if such exerci;e i$ Drotlibited by Applicablo Law, Londor also shall not exorciso this
oPtion if: (a) Boffowot e{u6ea to bo submitted co Lcnder information requiled by Lender to evaluate the intEndcd
trangferce as if a new loan were being made to the Eansfereo; and (b) Lcndcr reasonably determine.g that l-ender"g
secufty will not bc impated by the loan assumption and that the risk of e breacir of any covenant or agrrrment in
this Securitylnstrument is acceptable to Lender.
To rhe exrnt pcmitred by Applicable Law, Lendcr may charge a rea.sonablo.fee as a condition to Londer.s
consent to tlre loan arsurnption. Lender may also require the transfgree to sign an assumption agrEement that is
acceptable to Lender and thal obtigat$ tho transferca to keep all the promiece and agreemonts srade in the Note and
in tlds Security Instrument. Borrower \ilill oontinue to be obligated under the Nore arrd this Socurity Instrument
unle,gs Lender releases Bouower in writing
If Lendcr cxcrcissg the option to requirs immediatE paymcnt in full, Lender shall give Bonowcr notice of
ac:celoralion. The notice shall provide a pcriod of not less thon 30 days &rcm the date the notice is given in accordance
with Section 15 v/ithin which Bouower must pay all sumr secured by thia Securiry Instrumcnt. If Borrower fails ro
pay thase sutls prior to the expirution of this period, I-ender may invoke any remediec permitted by this Security
Instrur[ent without further notice or demand on borrower,
Christl.ne
E. Webscer
-Borrorcr
(Sesl)
-Borcrvcr
(Seal)
-Bonowcr
t \t-nl
./-
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. MULTISTA'rE Int6r.rt Onry AD.JUSIAELE RATE NOTE - ONE YEAB LTBOR INDEX
2D8Os-XX (Olv03)
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