misc land court documents

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When Recorded Mail to: Mark A. Darling d.b.a., Attorney for WELLS FARGO BANK, N.A. Litchfield Cavo, LLP 6 Kimball Lane, Suite 200 Lynnfield, MA 01940 1111111111111111111111111111111111111111111111 2010102100381 Bk:29889 Pg:10 10/21/2010 04:29 NOTC Pg 1/1 NOTICE OF RECONVEYANCE Contract # 486214 Payee: Mark A. Darling, d.b.a., Alleged Attorney, WELLS FARGO BANK, N.A., Litchfield Cavo, LLP, 6 Kimball Lane, Suite 200, Lynnfield, MA 01940 Payor: DAWN MAY JENKINS, 33-35 EASTERN AVENUE, UNIT 2, LYNN, MA 01902 I, Dawn May Jenkins, herein "Settlor," state the facts contained herein are true, correct, complete, and not misleading, to the best of my personal knowledge. I am Creditor for the legal fiction DAWN MAY JENKINS, organization # 010-48-6214, and have PREPAID EXEMPT status as evidenced by the UCC-l Financing Statement #200645790380 as the testimony of the Secretary. of State Massachusetts. On October 24, 2005, Settlor, signed for her legal fiction DAWN MAY JENKINS, on a Security Instrument recorded at Book 24994, Page 107 of SOUTHERN ESSEX DISTRICT REGISTRY OF DEEDS, SALEM, MA. DAWN MAY JENKINS, herein "BORROWER," was named as Guarantor to a Security Instrument presented by MORTGAGE FINANCIAL that was named as Guarantee, hereinafter "GUARANTEE." The BORROWER as guarantor entrusted the Security Instrument as a title to be held by the GUARANTEE until the loan #0511277 was paid to Mortgage Financial, Inc., A Massachusetts Corporation as the Beneficiary. The Security Instrument stated that the BORROWER as Guarantor granted a list of measurements of a fictitious location, entitled legal description, Exhibit A to Mortgage Electronic Registration Systems, Inc., which became the property of the Beneficiary as the Guarantee. Mortgage Financial, Inc. later assigned the Security to Mortgage Electronic Registration Systems, Inc., herein "Beneficiary." The Settlor signed a Promissory Note for the BORROWER evidencing consideration, and delivered it to the GUARANTEE who accepted the Note as payment for the loan based upon Settlor's prepaid exempt status, thereby discbarging the debt the BORROWER, as Guarantor, had with the Beneficiary. The GUARANTEE inadvertently failed to register the Promissory Note and therefore the Southern Essex District Registry of Deeds as Public Fiduciary will register and deliver this security to Beneficiary's agent as evidence that the loan #0511277 has been discharged for the public record and that the trust has been executed and hereby terminated. The Beneficiary has ten (10) days to record a FULL RECONVEYANCE to original GUARANTOR. In the event a FULL RECONVEYANCE is not recorded in ten (10) days, beneficiary consents that Settlor record the Reconveyance in Be lciary'~ be alf. Massachusetts State ) ) ss ) ACKNOWLEDGEMENT Middlesex County As a Notary Public for said County and State, I do hereby certify that on this 13~ty of Of-a hf r D y Jenkins app ed before me and executed the foregoing. Witness my hand and seal: the above mentioned

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When Recorded Mail to:Mark A. Darling d.b.a., Attorneyfor WELLS FARGO BANK, N.A.Litchfield Cavo, LLP6 Kimball Lane, Suite 200Lynnfield, MA 01940

11111111111111111111111111111111111111111111112010102100381 Bk:29889 Pg:1010/21/2010 04:29 NOTC Pg 1/1

NOTICE OF RECONVEYANCE

Contract # 486214

Payee: Mark A. Darling, d.b.a., Alleged Attorney, WELLS FARGO BANK, N.A.,Litchfield Cavo, LLP, 6 Kimball Lane, Suite 200, Lynnfield, MA 01940

Payor: DAWN MAY JENKINS, 33-35 EASTERN AVENUE, UNIT 2, LYNN, MA 01902

I, Dawn May Jenkins, herein "Settlor," state the facts contained herein are true, correct, complete, and not misleading, tothe best of my personal knowledge. I am Creditor for the legal fiction DAWN MAY JENKINS, organization # 010-48-6214, andhave PREPAID EXEMPT status as evidenced by the UCC-l Financing Statement #200645790380 as the testimony of the Secretary.of State Massachusetts.

On October 24, 2005, Settlor, signed for her legal fiction DAWN MAY JENKINS, on a Security Instrument recorded atBook 24994, Page 107 of SOUTHERNESSEX DISTRICT REGISTRY OF DEEDS, SALEM,MA. DAWN MAY JENKINS,herein "BORROWER," was named as Guarantor to a Security Instrument presented by MORTGAGE FINANCIAL that wasnamed as Guarantee, hereinafter "GUARANTEE." The BORROWER as guarantor entrusted the Security Instrument as a title tobe held by the GUARANTEE until the loan #0511277 was paid to Mortgage Financial, Inc., A Massachusetts Corporation as theBeneficiary. The Security Instrument stated that the BORROWER as Guarantor granted a list of measurements of a fictitiouslocation, entitled legal description, Exhibit A to Mortgage Electronic Registration Systems, Inc., which became the property of theBeneficiary as the Guarantee. Mortgage Financial, Inc. later assigned the Security to Mortgage Electronic Registration Systems,Inc., herein "Beneficiary."

The Settlor signed a Promissory Note for the BORROWER evidencing consideration, and delivered it to theGUARANTEE who accepted the Note as payment for the loan based upon Settlor's prepaid exempt status, therebydiscbarging the debt the BORROWER, as Guarantor, had with the Beneficiary. The GUARANTEE inadvertentlyfailed to register the Promissory Note and therefore the Southern Essex District Registry of Deeds as Public Fiduciarywill register and deliver this security to Beneficiary's agent as evidence that the loan #0511277 has been dischargedfor the public record and that the trust has been executed and hereby terminated. The Beneficiary has ten (10) days torecord a FULL RECONVEYANCE to original GUARANTOR. In the event a FULL RECONVEYANCE is notrecorded in ten (10) days, beneficiary consents that Settlor record the Reconveyance in Be lciary'~ be alf.

Massachusetts State )) ss)

ACKNOWLEDGEMENTMiddlesex County

As aNotary Public for said County and State, I do hereby certify that on this 13~tyof Of-ahfrD y Jenkins app ed before me and executed the foregoing. Witness my hand and seal:

the above mentioned

THE COMMONWEALTH OF MASSACHUSETTSLAND COURT

DEPARTMENT OF THE TRIAL COURT226 CAUSEWAY STREET

BOSTON, MA 02114

PHONE (617) 788-7450

February 13,2006

In an effort to expedite the issuance of orders of notices in Servicemembers cases involvingregistered land, the court is instituting a new procedure. The Land Court will no longer verify with thelocal Land Court Registry District the information you provide in your complaint. You will now beresponsible for providing, along with your initial filing (complaint, orders of notice, check, and self-addressed stamped envelope), an affidavit that states that the information on your complaint is up-to-dateand accurately represents the current state of the ti at the Registry District of the Land Court. (Pleaseuse the enclosed form for this purpose. With your cooperation, we hope that this new procedure willexpedite the mortgage foreclosure process involving registered land filings.

If for any reason, the order of notice that you record at the appropriate Land Court Registry isinaccurate, you will have to dismiss your complaint and file a new complaint/orders of notice with a newfiling fee.

The effective date of this new policy is March 1, 2006. This letter was revised in November,2006.

COMMONWEALTH OF MASSACHUSETTSLAND COURT

Attorney's.Affidavit as to CurrentRegistered Land Information

------- County

Certificate No. _(In the event this is cancelled; insert new number and check

Outstanding certificateOocumentNo. _

Please examine the above certificate of title, verify the above information and furnish us with the following information:

To: _Given by: _

Assignments of Mortgage

Outstanding Owner(s): _

LocationOfProperty: ---Oate: _

Attorney for Plaintiff(s)

CERTIFICATE OF AGENT

The undersigned, Bank as administrative agent for itself and otherlenders under the terms and provisions of a certain Agreement (the CreditAgreement) dated as of , hereby certifies as follows:

1. The Credit Agreement referenced in the mortgage is in full force and effect andhas not been amended, modified, terminated or revoked.

2. The undersigned has been duly appointed Agent and is duly serving on the datehereof as the sole Agent under the Credit Agreement, and has not resigned or been removed.

3. Pursuant to the provisions of the Credit Agreement, the Agent has the followingpowers:

a. Hold the mortgage and any other collateral security instruments upon such termsand conditions as the Agent deems acceptable.

b. Execute, acknowledge and deliver any and all documents which are necessary orappropriate in connection with the granting, amendment or modification of themortgage.

c. Execute, acknowledge and deliver any partial releases, discharges, assignments,etc., which may be necessary or appropriate with respect to the mortgage.

4.hereof.

The representations of the Agent contained in this certificate are true as of the date

5. Any person dealing with the mortgage may rely fully and without further inquiryon a certificate signed by the Agent as to the authority of the Agent to act as Agent for otherlenders under the Credit Agreement. This certificate shall further be conclusive evidence ofevery person relying thereon that at the time of the execution and delivery of the mortgage, theCredit Agreement was in full force and effect.

6. The terms and provisions of the mortgage may be amended by instrument dulyexecuted by the mortgagor and the Agent, which amendment will become effective on therecording or filing of same.

In witness whereof, the undersigned has hereunto signed his name, as such Agent, this__ day of _

_ Bank, as Agent

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Suffolk, ss.

By:Name:Title:

COMMONWEAL TH OF MASSACHUSETTS

[date]

Then personally appeared the above-named , and acknowledgedthat is the of the above-named Bank, as------Agent, and that executed the Certificate on behalf of said bank.

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My commission expires:, Notary Public

MemoTo: All Registry Districts

From: Edmund A. Williams, Chief Title Examiner

Date: November 18, 2008

Subject: Power of Attorney

1. Discharges Executed Under Power of Attorney

G. L. c. 183, § 54B which allows any officer, member, partner or agent of a mortgagee toexecute an assignment, discharge, subordination, etc. without an accompanying authoritydocument does not include execution of a document under a power of attorney. Anyinstrument executed under a power of attorney, with the exception of foreclosuredocuments as set forth below, must be based on a registered or recorded power ofattorney. No affidavit need be registered by the attorney in fact. If the document alsodesignates the attorney in fact as agent of the record holder, the document may beaccepted without a previously recorded or registered power of attorney.

2. Foreclosures

A. Pursuant to G. L. c. 183, § 54B, a power of attorney registered for the purposeof foreclosing a mortgage, executed by the holder of a mortgage, does notneed an authorization document for the person executing same. Documentsexecuted by the attorney in fact do not need an authorization document if theyare part of the foreclosure recording sequence, which ends with the foreclosuredeed and affidavit.

If, however, a bank is the purchaser at a foreclosure sale, and a new power ofattorney is executed for a subsequent deed out, that power of attorney willrequire the usual authorization documentation.

Any power of attorney or other document registered as part of the foreclosure,without an authorization document, may be used to establish authority in asubsequent transaction if needed.

B. In conjunction with a foreclosure, an attorney in fact may appoint anotherperson or entity to make entry on its behalf whether or not the original powerof attorney contains a substitution clause or the express right to executeadditional powers of attorney. The sale, however, must be conducted by theattorney in fact under the first power of attorney unless it specificallyauthorizes said attorney in fact to execute additional powers of attorney or tosubstitute another person or entity to conduct the sale.

Mortgages & Banks

• Does a mortgage stay on the encumbrance sheet and continue to be brought forward if50 years have passed?

>- Yes. It requires an "S" petition to remove. Registered Land is excluded from the 50 year statute.

Regarding MERS: where MERS is the nominee for the lender on a mortgage, fromwhom should we accept an assignment or discharge? Should we list the lender andMERS, as nominee, or just MERS on the encumbrance sheet "In favor of?"

>- Assignments or discharges must come from MERS only.

>- List MERS only, not the underlying lender, unless the lender signs as an agent of MERS.

• Mortgages recorded in error, instead of being registered, if not caught right away, needLand Court approval before we can register them. Could there be any leniency inallowing registries to bring the mortgage over to a Certificate as long as no otherdocuments have been registered?

>- A new guideline coming, but until then, if it is attorney error, an "S" petition must be filed unless it hasboth recorded and registered land on it. If it has both lands, the original should stay in registered landand a certified copy should be put in the recorded land records.

>- If it's a registry employee error, call Ed.

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42. Mortgage Electronic Registration Systems ("MERS")(May I, 2000, Revised February 27, 2009)

MERS is a national electronic registry for tracking servicing rights and beneficialownership interests in mortgage loans; it also acts as the mortgagee of record and, as such, is thenominee for both the servicer and the beneficial owners of mortgage loans in the public landrecords.

MERS becomes mortgagee of record in one of two ways: the first is by an assignmentfrom a lender or servicer to MERS; the second is by being the mortgagee of record as nominee inthe original security instrument when the loan is closed.

In either case the holder of the mortgage on the encumbrance sheet will be listed asMortgage Electronic Registration System, Inc., without any reference to the institution for whichMERS is holding the mortgage, whether or not the original mortgage or any subsequently filedinstrument affecting the mortgage makes reference to the party for whose benefit MERS isholding the mortgage.

Registry districts should not (without approval from Boston) accept a mortgage runningto MERS which does not contain language substantially the same as the language set forth below.An assignment of a mortgage to MERS does not require similar language.

Language to be included in MERS mortgages

"Borrower understands and agrees that MERS holds only legal title to the interests granted byBorrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (asnominee for Lender and Lender's successors and assign), has the right: to exercise any or all ofthose interests, including, but not limited to, the right to foreclose and sell the Property; and totake any action required of Lender including, but not limited to, releasing or canceling thisSecurity Instrument. "

A discharge properly executed by MERS, with or without reference to any party forwhose benefit MERS is holding the mortgage, shall be accepted for filing. A discharge executedonly by the underlying lender for whose benefit MERS is holding the mortgage shall not beaccepted for filing without approval from the court's Chief Title Examiner or order of the court.

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59. Indefinite References(Added February 27, 2009)

The provisions of G. L. c.184, §25, the "indefinite reference" statute, protect titles frombeing or becoming subject to various types of interests which are not set forth in recorded orregistered instruments.

But this statute, by its terms, does "not apply to a reference to an instrument in a notice orstatement permitted by law to be recorded instead of such instrument." For this reason, RegistryDistricts should not treat as indefinite references, and should not on that ground refuse to accept,documents which are notices or statements permitted by law to be recorded instead of, or in theplace of, another instrument. Examples of these notices or statements include notices of lease,notices of assignment of leases, and notices of contract and of substantial completion under themechanic's lien statutes.

The indefinite reference statute also does not apply to a reference to the securedobligation in a mortgage or other instrument appearing of record to be given as security. It ispermissible to refer--in a mortgage, collateral assignment of leases and rents, or similar registeredinstrument--to a promissory note, security agreement, construction agreement, construction loanagreement, option agreement, purchase and sale agreement, or similar agreement for which themortgage or other registered document is given as security, even though the agreement referredto is not registered with the mortgage.

As to the provisions of the indefinite reference statute that deal with a conveyance to aparty as trustee where there is no recorded trust instrument, see Land Court Guideline No. 51,Trusts: Conveyances to Trustees.

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3. Administrative Agent for Multiple Lenders(May 1, 2000)

This Guideline relates to mortgages in which the mortgagee is stated to be an agent forseveral lenders whose identity is not disclosed in the mortgage. Typically the loan is being madeto the borrower pursuant to a Credit Agreement which is not of record.

These mortgages can be dealt with in a fashion similar to the requirements for nomineetrusts, that is, the names of the lenders need not be disclosed so long as there are the requisiteindicia of authority for the agent to act with respect to the mortgage, just as the beneficiaries of anominee trust need not be identified.

The mortgage must be presented with a certificate from the bank or other entity acting asagent; alternatively, the statements required for a certificate may be made part of or appended tothe mortgage, if the agent also executes the mortgage.

The certificate must refer to the Credit Agreement or other comparable governingdocument, set forth the authority of the agent as to the execution of documents includingamendments, and any time limits on the authority of the agent. A form of certificate is attached.

These mortgages, when presented with a certification in a form substantially similar tothe attached certificate, will not require prior Land Court approval before being accepted forregistration.

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