Daily Archives: June 16, 2014


Sunderland residents complain to Bank of America of ‘eyesore’

Sunderland residents complain to Bank of America of ‘eyesore’

SUNDERLAND — On the scenic stretch of road with picturesque homes along North Main Street, one abandoned home stands out like an eyesore.

A sign on the unfinished front porch of 226 North Main St. says just that. The sign reads “Financed by Bank of America. Thanks for the eyesore.”

Since 2009, the house has sat empty as weeds have grown taller and neighbors have become impatient.

No neighbors have claimed credit for the sign, but many agree with its message.

“It’s an eyesore to the community,” said Bruce Bennett of 230 North Main St.

Bennett has owned his house next door to the troublesome property for three years. He would like to do something with the abandoned home by either buying it and selling it or get the town involved.

“The house just sits there. It’s a disgrace to the community,” Bennett said.

Robert and Barbara Fitzpatrick purchased the home for $123,440 on June 30, 1998, according to the Registry of Deeds.

Later, on July 9, 2003, Fleet Bank issued a loan for $109,000 to the Fitzpatricks to refinance the house.

In the spring of 2006, an electrical fire on the first floor spread to the attic, gutting the entire house. The house was deemed unlivable. Later, the owners tried to rebuild the house.

In November 2009, Bank of America, which took over Fleet Bank, filed a complaint to foreclose on the home. The bank filed two more foreclosure notices in 2010.

Since that time, no action has been taken. There is no foreclosure deed. The Fitzpatricks still own the home valued at $186,900 and are up to date on the tax bills.

The owners could not be reached for comment.

Several Deerfield addresses are listed as the owners’ address in various directories, but it was discovered after numerous calls and visits to the properties, the Fitzpatricks are not living in any of the homes.

Neighbors are wondering what can be done to the home.

9th Circuit (Federal) Allows Quiet Title and Damages for Wrongful Filing of False Documents

Livinglies's Weblog

Hat Tip to Beth Findsen who is a good friend and a great lawyer in Scottsdale, Az and who provided this case to me this morning. I always recommend her in Arizona because her writing is spectacular and her courtroom experience invaluable.

This case needs to be analyzed further. Robert Hager (CONGRATULATIONS TO HAGER IN RENO, NV) et al has succeeded in getting at least a partial and significant victory over the MERS system, and voiding robosigned documents as being forged per se. I disagree that a note and mortgage, once split, can be reunified by mere execution of an instrument. They are avoiding the issue just like the “lost note” issue. The rules of evidence and pleading have always required great factual specificity on the path of transactions leading up to the point where the note was lost or transferred. This Court dodged that bullet for now. Without evidence…

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