I COMPLAINT FIRST COUNT
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,,RET. DATE: APRIL 8, 2014
SUPERIOR COURT
II
I!MIDFIRST BANK
J.D. HARTFORD
:I
irvs
AT HARTFORD
:DALTON TAYLOR, ET AL
MARCH 13, 2014
il
COMPLAINT FIRST COUNT: 1. On April11, 2008 the Defendant(s) DALTON TAYLOR owed GMAC Mortgage, LLC fka GMAC Mortgage Corporation, the sum of$213,314.00 as evidenced by a promissory note ("the ·• Note'') for said sum dated on said date, and payable to the order of said mortgagee with interest from said date in monthly installments of principal and interest. 2. On said date, by a deed of that date, the defendant(s) DALTON TAYLOR to secure said note, mortgaged to GMAC Mortgage, LLC fka GMAC Mortgage Corporation the premises known as 11
56-58 School Street, East Hartford, Connecticut. 3. Said Mortgage was recorded on April 14, 2008 in Volume 3004 at Page 80 of the East Hartford Land Records. Said mortgage was modified pursuant to a Loan Modification Agreement dated July 1, 2010 and recorded on September 20, 2010 in Volume 3201 at Page 280 of the East Hartford Land Records as further modified by a Loan Modification Agreement dated May 4, 2012 and
: recorded on J~ly 20, 2012 in Volume 3324 at Page 1 of the East Hartford Land Records; as further modified pursuant to a Loan Modification Agreement dated June 13, 2013 and recorded July 11, 20If in Volume 3403 at Page 322 ofthe East Hartford Land Records.
II
. 790 FARMINGTON AVENUE
HiE WITHERSPOC)N LAW OFFICES
~ FARMINGTON. CT 06032 • TELEPHONE 1860l67B-99A~
•
FAC~liMIIE 1860\ fl71';-1~~n
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4. Said Mortgage was assigned to MID FIRST BANK by Assignment of Mortgage dated December 2, 2008 and recorded on December 4, 2008 in Volume 3062 at Page I 0 I of the East Hartford Land Records. 5. The Plaintiff is the holder of said Note and Mortgage and the unpaid principal balance of said Note is $I87,I85.68, plus interest from August 1, 2013, late charges and collection costs have not
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been paid although due and payable. 6. Said Note and Mortgage are now in default by virtue of nonpayment of the monthly
/
installments due thereon, and the PlainliiThas exercised its option to declare the entire balance ofsaidj
I
Note due and payable in full and to foreclose the Mortgage securing the Note.
7. The defendant, DALTON TAYLOR, acquired title to the premises known as 56-58 School Street, East Hartford, CT by virtue of a warranty deed from Matthew Woodard and Concha! Gomes aka Veronica Woodard to Dalton Taylor dated April 9, 2008 and recorded April I4, 2008 in Volume 3004 at Page 78 of the East Hartford Land Records which was recorded immediately prior to the subject mortgage. A copy of said warranty deed is attached hereto as Exhibit A and made a part hereof. 8. A review of the subject mortgage deed reveals that although it was the intention of the parties to encumber the premises known as 56-58 School Street, East Hartford, CT the subject mortgage deed does not contain a legal description of said premises.
THE WITHERSPOON LAW OFFICES 700 FARMINGTON AVENUE • FARMINGTON. CT 06032 • TELEPHONE 1860\ fl7S-998B • FACRIMII E 1860\
1171;-1
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9. Despite said intention, the defendant DALTON TAYLOR failed and neglected to provide
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the original mortgagee GMAC Mortgage LLC fka GMAC Mortgage Corporation with a mortgage
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deed containing the exact legal description of the property known as 56-58 School Street as set forth iq I
Exhibit A attached hereto and made a part hereof. 10. The failure and neglect of the defendant DALTON TAYLOR to provide a mortgage deed with the exact legal description requires the plaintiffto seek a reformation of the mortgage deed to include the legal description as set forth in Exhibit A. SECOND COUNT:
1-. On April 11,2008 the Defendant(s) DALTON TAYLOR owed GMAC Mortgage, LLC fka GMAC Mortgage Corporation, the sum of $213,314.00 as evidenced by a promissory note ("the Note") for said sum dated on said date, and payable to the order of said mortgagee with interest from said date in monthly installments of principal and interest. 2. On said date, by a deed ofthat date, the defendant(s) DALTON TAYLOR to secure said note, mortgaged to GMAC Mortgage, LLC fka GMAC Mortgage Corporation the premises known as: I ' 56-58 School Street, East Hartford, Connecticut. 3. Said Mortgage was recorded on April14, 2008 in Volume 3004 at Page 80 of the East Hartford Land Records. Said mortgage was modified pursuant to a Loan Modification Agreement dated July 1,
~010
and recorded on September 20,2010 in Volume 3201 at Page 280 ofthe East
Hartford Land Records as further modified by a Loan Modification Agreement dated May 4, 2012
a~d
I
recorded on July 20, 2012 in Volume 3324 at Page 1 of the East Hartford Land Records; as further /
i
. THE WITHERSPOON LAW OFFICES 790 FARMINGTON AVENUE • FARMINGTON. CT 06032 • TELEPHONE 1860\ fl7~·998A • FACSIMII E 18601
fl7f;.11~n
,
III~IC:
Hi!101f\l=::
•
II
•
modified pursuant to a Loan Modification Agreement dated June 13, 2013 and recorded July 11, 2013 'I 1 )
in Volume 3403 at Page 322 of the East Hartford Land Records.
jl
I[
4. Said Mortgage was assigned to MIDFIRST BANK by Assignment of Mortgage dated
··December 2, 2008 and recorded on December 4, 2008 in Volume 3062 at Page 101 of the East li
· Hartford Land Records. I
i
I
5. The Plaintiff is the holder of said Note and Mortgage and the unpaid principal balance of
said Note is $187;185 .68, plus interest from August 1, 2013, late charges and collection costs have not been paid although due and payable. 6. Said Note and Mortgage are now in default by virtue of nonpayment of the monthly installments due thereon, and the Plaintiff has exercised its option to declare the entire balance of said Note due and payable in full and to foreclose the Mortgage securing the Note. 7. The following liens or encumbrances upon the property sought to be foreclosed are
priori~
i
right to the Plaintiffs Mortgage, and are not affected by this action: a. Any taxes due the city/town in which the premises is located that remain outstanding and properly perfected pursuant to applicable law as of the date hereof. 8. The following liens or encumbrances upon the property sought to be foreclosed are ' subsequent in right to the Plaintiffs Mortgage: a. The defendant, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, claims an interest in the subject premises by virtue of a mortgage in the original principal amount of
-II
. 790
TH~ WITHERSPOON LAW OFFICES FARMINGTON AVENUE ~ FARMINGTON. CT 06032 • TELEPHONE 1860\ 67~-99AA • FACSIMII E 1860\ 1l71>-1~!;{) •
111~1~ lfA 101
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, $59,459.30 dated June 13, 2013 and recorded on July 2, 2013 in Volume 3401 at Page 134 ofthe Eastj
I
Hartford Land Records. Notice is hereby given that the Plaintiff has caused a Lis Pendens to be recorded on the East Hartford Land Records. A copy of said Lis Pendens is attached hereto as Exhibit B. On information and beliefthe Defendant(s) DALTON TAYLOR, is/are in possession ofthe premises.
·II
79o FARMINGTON AVENUE
~
THE WITHERSPOON LAW OFFICES FARMINGTON. CT 06032 • TELEPHONE 1860l67~-998A • FAC!'liMILE 18601 67fl-11M •
1111=11~
lfA1011'\
4.
TaKes due lhe':Town of Hebron on lhe Grand Llal of Oclober 1, 2007, nol yet due and payable, and !hereafter, Which taxes the Orantee herein assumes and agr&es to pay as part conslderatlon for this conveyance, 1
Reference ls Herabymade to Volume 104 at Page 998 of the Hebron Lend Records.
In Witness Whereof, I have hereunto ael my hand and seal lhls glh day of April2008. Signed. sealed and d81!v8f&d In the Pl8lellce of: ·
~if
~2Jb
t ?···~. ~
Matlhew WOOdan:l
>
=CONNEqrJCUT: '•l : ss. Manchester COUNTY OF HARTFoRD :
Aprfl9,2008
•)·:
'U"
Pereonauy a~~. Mattilew WOOdard and ChonChal Gomea, signers and seale,. of the foregoing Instrument acknowledged the same ~~~be lhalr~he act & nd me.
_;:·before
,'fd
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Notary Publlo My Commission Explrea: Augual31, 2612
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RET. DATE: APRIL 8, 2014
SUPERIOR COURT
MIDFIRST BANK
J.D. HARTFORD
vs
AT HARTFORD
DALTON TAYLOR, ET AL
MARCH 13, 2014
STATEMENT OF AMOUNT IN DEMAND The amount, legal interest, or property in demand is $15,000.00 or more, exclusive of interest and costs.
THE PLAINTIFF
ttorney 790 Farmington A venue Farmington, CT 06032 (860) 676-9988 Firm Juris No. 419106
THE WITHERSPOON LAW OFFICES 790 FARMINGTON AVENUE • FARMINGTON, CT 06032 • TELEPHONE (860) 676-9988 • FACSIMILE (860) 676-1360 • JURIS #419106
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II
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,,RET. DATE: APRIL 8, 2014
SUPERIOR COURT
II
I!MIDFIRST BANK
J.D. HARTFORD
:I
irvs
AT HARTFORD
:DALTON TAYLOR, ET AL
MARCH 13, 2014
il
COMPLAINT FIRST COUNT: 1. On April11, 2008 the Defendant(s) DALTON TAYLOR owed GMAC Mortgage, LLC fka GMAC Mortgage Corporation, the sum of$213,314.00 as evidenced by a promissory note ("the ·• Note'') for said sum dated on said date, and payable to the order of said mortgagee with interest from said date in monthly installments of principal and interest. 2. On said date, by a deed of that date, the defendant(s) DALTON TAYLOR to secure said note, mortgaged to GMAC Mortgage, LLC fka GMAC Mortgage Corporation the premises known as 11
56-58 School Street, East Hartford, Connecticut. 3. Said Mortgage was recorded on April 14, 2008 in Volume 3004 at Page 80 of the East Hartford Land Records. Said mortgage was modified pursuant to a Loan Modification Agreement dated July 1, 2010 and recorded on September 20, 2010 in Volume 3201 at Page 280 of the East Hartford Land Records as further modified by a Loan Modification Agreement dated May 4, 2012 and
: recorded on J~ly 20, 2012 in Volume 3324 at Page 1 of the East Hartford Land Records; as further modified pursuant to a Loan Modification Agreement dated June 13, 2013 and recorded July 11, 20If in Volume 3403 at Page 322 ofthe East Hartford Land Records.
II
. 790 FARMINGTON AVENUE
HiE WITHERSPOC)N LAW OFFICES
~ FARMINGTON. CT 06032 • TELEPHONE 1860l67B-99A~
•
FAC~liMIIE 1860\ fl71';-1~~n
,
•
•
4. Said Mortgage was assigned to MID FIRST BANK by Assignment of Mortgage dated December 2, 2008 and recorded on December 4, 2008 in Volume 3062 at Page I 0 I of the East Hartford Land Records. 5. The Plaintiff is the holder of said Note and Mortgage and the unpaid principal balance of said Note is $I87,I85.68, plus interest from August 1, 2013, late charges and collection costs have not
I I
been paid although due and payable. 6. Said Note and Mortgage are now in default by virtue of nonpayment of the monthly
/
installments due thereon, and the PlainliiThas exercised its option to declare the entire balance ofsaidj
I
Note due and payable in full and to foreclose the Mortgage securing the Note.
7. The defendant, DALTON TAYLOR, acquired title to the premises known as 56-58 School Street, East Hartford, CT by virtue of a warranty deed from Matthew Woodard and Concha! Gomes aka Veronica Woodard to Dalton Taylor dated April 9, 2008 and recorded April I4, 2008 in Volume 3004 at Page 78 of the East Hartford Land Records which was recorded immediately prior to the subject mortgage. A copy of said warranty deed is attached hereto as Exhibit A and made a part hereof. 8. A review of the subject mortgage deed reveals that although it was the intention of the parties to encumber the premises known as 56-58 School Street, East Hartford, CT the subject mortgage deed does not contain a legal description of said premises.
THE WITHERSPOON LAW OFFICES 700 FARMINGTON AVENUE • FARMINGTON. CT 06032 • TELEPHONE 1860\ fl7S-998B • FACRIMII E 1860\
1171;-1
1~1\
•
• II
•
!I
II
il II "
9. Despite said intention, the defendant DALTON TAYLOR failed and neglected to provide
II 1
1
the original mortgagee GMAC Mortgage LLC fka GMAC Mortgage Corporation with a mortgage
i
I
.
i
deed containing the exact legal description of the property known as 56-58 School Street as set forth iq I
Exhibit A attached hereto and made a part hereof. 10. The failure and neglect of the defendant DALTON TAYLOR to provide a mortgage deed with the exact legal description requires the plaintiffto seek a reformation of the mortgage deed to include the legal description as set forth in Exhibit A. SECOND COUNT:
1-. On April 11,2008 the Defendant(s) DALTON TAYLOR owed GMAC Mortgage, LLC fka GMAC Mortgage Corporation, the sum of $213,314.00 as evidenced by a promissory note ("the Note") for said sum dated on said date, and payable to the order of said mortgagee with interest from said date in monthly installments of principal and interest. 2. On said date, by a deed ofthat date, the defendant(s) DALTON TAYLOR to secure said note, mortgaged to GMAC Mortgage, LLC fka GMAC Mortgage Corporation the premises known as: I ' 56-58 School Street, East Hartford, Connecticut. 3. Said Mortgage was recorded on April14, 2008 in Volume 3004 at Page 80 of the East Hartford Land Records. Said mortgage was modified pursuant to a Loan Modification Agreement dated July 1,
~010
and recorded on September 20,2010 in Volume 3201 at Page 280 ofthe East
Hartford Land Records as further modified by a Loan Modification Agreement dated May 4, 2012
a~d
I
recorded on July 20, 2012 in Volume 3324 at Page 1 of the East Hartford Land Records; as further /
i
. THE WITHERSPOON LAW OFFICES 790 FARMINGTON AVENUE • FARMINGTON. CT 06032 • TELEPHONE 1860\ fl7~·998A • FACSIMII E 18601
fl7f;.11~n
,
III~IC:
Hi!101f\l=::
•
II
•
modified pursuant to a Loan Modification Agreement dated June 13, 2013 and recorded July 11, 2013 'I 1 )
in Volume 3403 at Page 322 of the East Hartford Land Records.
jl
I[
4. Said Mortgage was assigned to MIDFIRST BANK by Assignment of Mortgage dated
··December 2, 2008 and recorded on December 4, 2008 in Volume 3062 at Page 101 of the East li
· Hartford Land Records. I
i
I
5. The Plaintiff is the holder of said Note and Mortgage and the unpaid principal balance of
said Note is $187;185 .68, plus interest from August 1, 2013, late charges and collection costs have not been paid although due and payable. 6. Said Note and Mortgage are now in default by virtue of nonpayment of the monthly installments due thereon, and the Plaintiff has exercised its option to declare the entire balance of said Note due and payable in full and to foreclose the Mortgage securing the Note. 7. The following liens or encumbrances upon the property sought to be foreclosed are
priori~
i
right to the Plaintiffs Mortgage, and are not affected by this action: a. Any taxes due the city/town in which the premises is located that remain outstanding and properly perfected pursuant to applicable law as of the date hereof. 8. The following liens or encumbrances upon the property sought to be foreclosed are ' subsequent in right to the Plaintiffs Mortgage: a. The defendant, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, claims an interest in the subject premises by virtue of a mortgage in the original principal amount of
-II
. 790
TH~ WITHERSPOON LAW OFFICES FARMINGTON AVENUE ~ FARMINGTON. CT 06032 • TELEPHONE 1860\ 67~-99AA • FACSIMII E 1860\ 1l71>-1~!;{) •
111~1~ lfA 101
n:::
•
•
I
I I
I
I
.
I
, $59,459.30 dated June 13, 2013 and recorded on July 2, 2013 in Volume 3401 at Page 134 ofthe Eastj
I
Hartford Land Records. Notice is hereby given that the Plaintiff has caused a Lis Pendens to be recorded on the East Hartford Land Records. A copy of said Lis Pendens is attached hereto as Exhibit B. On information and beliefthe Defendant(s) DALTON TAYLOR, is/are in possession ofthe premises.
·II
79o FARMINGTON AVENUE
~
THE WITHERSPOON LAW OFFICES FARMINGTON. CT 06032 • TELEPHONE 1860l67~-998A • FAC!'liMILE 18601 67fl-11M •
1111=11~
lfA1011'\
4.
TaKes due lhe':Town of Hebron on lhe Grand Llal of Oclober 1, 2007, nol yet due and payable, and !hereafter, Which taxes the Orantee herein assumes and agr&es to pay as part conslderatlon for this conveyance, 1
Reference ls Herabymade to Volume 104 at Page 998 of the Hebron Lend Records.
In Witness Whereof, I have hereunto ael my hand and seal lhls glh day of April2008. Signed. sealed and d81!v8f&d In the Pl8lellce of: ·
~if
~2Jb
t ?···~. ~
Matlhew WOOdan:l
>
=CONNEqrJCUT: '•l : ss. Manchester COUNTY OF HARTFoRD :
Aprfl9,2008
•)·:
'U"
Pereonauy a~~. Mattilew WOOdard and ChonChal Gomea, signers and seale,. of the foregoing Instrument acknowledged the same ~~~be lhalr~he act & nd me.
_;:·before
,'fd
0
in
vt,.aM:f
~
Notary Publlo My Commission Explrea: Augual31, 2612
ii
V'lo
lG
>-.•
-i~ .:Z::. li
Hl Ill
1.(
tJZ~I
•
•
RET. DATE: APRIL 8, 2014
SUPERIOR COURT
MIDFIRST BANK
J.D. HARTFORD
vs
AT HARTFORD
DALTON TAYLOR, ET AL
MARCH 13, 2014
STATEMENT OF AMOUNT IN DEMAND The amount, legal interest, or property in demand is $15,000.00 or more, exclusive of interest and costs.
THE PLAINTIFF
ttorney 790 Farmington A venue Farmington, CT 06032 (860) 676-9988 Firm Juris No. 419106
THE WITHERSPOON LAW OFFICES 790 FARMINGTON AVENUE • FARMINGTON, CT 06032 • TELEPHONE (860) 676-9988 • FACSIMILE (860) 676-1360 • JURIS #419106
