6 Smith St, Middleboro
LEGAL NOTICE
NOTICE OF MORTGAGEE’S SALE OF REAL ESTATE
By virtue and in execution of the Power of Sale contained in a certain mortgage given by David P. Santos to Mortgage Electronic Registration Systems, Inc. as nominee of Easthampton Savings Bank dated January 31, 2023 and recorded in the Plymouth County Registry of Deeds in Book 57644, Page 133 of which mortgage the undersigned is the present holder by assignment from Mortgage Electronic Registration Systems, Inc. as nominee of bankESB f/k/a Easthampton Savings Bank to bankESB on January 7, 2025 at Book 59599, Page 317, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 11:00 A.M. on Thursday, January 15, 2026 at 6 Smith St, Middleboro, Massachusetts, all and singular the premises described in said mortgage,
To wit:
The land with the buildings thereon now known and numbered as 6 Smith Street, Middleboro, Plymouth County, Massachusetts, consisting of three parcels and being bounded and described as follows:
Parcel One:
A certain lot or parcel of land about one-half acre in area, with the buildings thereon, situated in said Middleborough, in that part thereof known as Rock, on the north side of Smith Street, so-called, and on the west side of a pond sometimes called Spring Brook Pond, and bounded as follows: Beginning at a stone monument, the southeast corner of the lot to be described, thence running westerly in the line of said Smith Street, 120 feet, thence northerly parallel with the house to the bound first mentioned.
Parcel Two:
A certain tract or parcel of cleared land situated northerly of the highway known as Smith Street and in that part of said Middleborough called Rock, bounded and described as follows: Beginning at the southeast corner of the lot hereby conveyed at a rock for a bound; it also being the northeast corner of land now or formerly of Clifford T. Westgate (and it being Parcel One); thence southerly 85° west 7 ¾ rods to a stake for a bound; thence north 73 ½° west 7 ½ rods to a stake standing on the west bank of a small brook; thence north 26 ½° east about 10 rods to a part of an old fence; thence south 77 ½ east 10 rods to a stake; thence south 6° east 8 ¼ rods to the place of beginning, the aforesaid rock for a bound, and containing 124 43/128 rods and being a part of the premises willed by Roxanna Benson to John A. Benson.
Parcel Three:
A certain tract or parcel of cleared land (mostly fresh meadow), situated on the northerly side of Smith Street in that section of said Middleborough, called Rock, and bounded and described as follows: Beginning at the northeast corner of the premises herein conveyed, at a stake in line of land now or formerly of Clifford T. Westgate; thence southerly in line of said Westgate's land to a stone bound in the North line of Aforesaid Smith Street; thence westerly by said Smith Street to the center of a small brook; thence northerly in line of said brook to other land of said Clifford T. Westgate; thence easterly in line of said Westgate's land to the place of beginning and containing 1 ½ acres, more or less.
Being the same premises conveyed to the Mortgagor herein by deed dated January 31, 2023, and recorded with the Plymouth County Registry of Deeds in Book 57644, Page 130.
Premises to be sold and conveyed subject to and with the benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims in the nature of liens, improvements, public assessments, any and all unpaid taxes, tax titles, tax liens, water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed.
Terms of sale: A deposit of $10,000.00 by cash, certified or bank check will be required to be paid by the purchaser at the time and place of sale. Deposit to be increased to 10% of the purchase price within five (5) business days. This sale is subject to a 5% buyer’s premium. The balance is to be paid by certified or bank check at the Mortgagee’s law offices within thirty (30) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. In the event of an error in this publication, the description of the premises contained in said mortgage shall control.
Other terms will be announced at the sale.
bankESB f/k/a Easthampton Savings Bank,
Present holder of said mortgage,
By its Attorney,
Joseph J. Lange, Esq.
Lyon & Fitzpatrick, LLP
14 Bobala Road, Suite 4
Holyoke, MA 01040
(413) 420-4086
AD# 11915565
BE 12/19/25, 12/26/25, 01/02/2026