superior court jpmorgan chase bank, national : jd of ansonia/milford ...
RETURN DATE: AUGUST 19, 2014
: SUPERIOR COURT
JPMORGAN CHASE BANK, NATIONAL : J.D. OF ANSONIA/MILFORD ASSOCIATION : AT MILFORD
VS.
.2 1
RODRIGUEZ, JOHN, ET AL
. 20 rt
COMPLAINT 1.
On May 23, 2008, John Rodriguez and Kimberly Rodriguez owed First Horizon
Home Loans, a Division of First Tennessee Bank, N.A. $189,805.00, as evidenced by a promissory note for said sum dated on said date, and payable to the order of First Horizon Home Loans, a Division of First Tennessee Bank, N.A. with interest from said date, in monthly installments of principal and interest. 2.
On said date, by a deed of that date, said John Rodriguez and Kimberly
Rodriguez, to secure said note, mortgaged to Mortgage Electronic Registration Systems, Inc., as Nominee for First Horizon Home Loans, a Division of First Tennessee Bank, N.A. the premises known as 15 Clarkson Street, Ansonia, Connecticut, and described in Exhibit A attached hereto and made a part hereof. 3.
Said mortgage deed was recorded on the Ansonia Land Records on June 3, 2008
in Volume 474 at Page 967. Said mortgage was modified by virtue of a FHA Home Affordable Modification Agreement dated January 6, 2014 and recorded January 31, 2014 in Volume 522
0328FC-20144168 Page 1 of 7
BENDETT& McHUGH 160 FARMINGTON AVENUE • FARMINGTON,
CT 06032 • (86o) 677-2868 • JuRIs No. 102892
at Page 855 of the Ansonia Land Records. 4.
Mortgage Electronic Registration Systems, Inc., as Nominee for First Horizon
Home Loans, a Division of First Tennessee Bank, N.A. assigned said mortgage to Chase Home Finance LLC by an assignment dated April 15, 2010 and recorded May 25, 2010 in Volume 490 at Page 977 of the Ansonia Land Records. 5.
JPMorgan Chase Bank, N.A. is the successor by merger to Chase Home
Finance, LLC. 6.
On or before July 3, 2014, the Plaintiff became and at all times since then has
been the party entitled to collect the debt evidenced by said note and is the party entitled to enforce said mortgage. The unpaid balance due pursuant to the terms of said note is $197,021.49, plus interest from February 1, 2014 and late charges and collection costs, that have not been paid although due and payable. 7.
Said note and mortgage are now in default by virtue of nonpayment of the
monthly installments of principal and interest due on March 1, 2014 and each and every month thereafter, and the Plaintiff has exercised its option to declare the entire balance of said note due and payable. 8.
The following encumbrances of record upon the property sought to be
foreclosed are prior in right to the Plaintiffs mortgage and are not affected by this action:
0328FC-20144168 Page 2 of 7
BENDETT&McHUGH 160 FARMINGTON AVENUE • FARMINGTON, CT 06032 • (86o) 677-2868 • JuRis No. 102892
(a)
Any taxes due the Town of Ansonia that remain outstanding and
properly perfected as of the date hereof pursuant to applicable law. (b)
City of Ansonia claims an interest in said premise by virtue of a tax lien
in the amount of $440.40 dated July 12, 2012 and recorded July 12, 2012 in Volume 499 at Page 63 of the Ansonia Land Records; by virtue of a sewer lien in the amount of $205.58 dated July 12, 2012 and recorded July 12, 2012 in Volume 499 at Page 94 of the Ansonia Land Records; by virtue of a sewer lien in the amount of $270.00 dated May 30, 2012 and recorded May 30, 2012 in Volume 506 at Page 1000 of the Ansonia. Land Records; by virtue of a sewer lien in the amount of $270.00 dated May 20, 2013 and recorded May 20, 2013 in Volume 515 at Page 1061 of the Ansonia Land Records; by virtue of a sewer lien in the amount of $294.00 dated August 12, 2013 and recorded August 12, 2013 in Volume 518 at Page 614 of the Ansonia Land Records; and by virtue of a sewer lien in the amount of $270.00 dated May 16, 2014 and recorded May 16, 2014 on Volume 525 at Page 108 of the Ansonia Land Records. 9.
On the aforementioned piece of property, the following interests are claimed
which are subsequent to Plaintiffs said mortgage: (a)
The Defendant, Endodontic Associates, P.C., may claim an interest in
said premises by virtue of a judgment lien in the amount of $1,036.00 plus costs dated February 24, 2012 and recorded February 27, 2012 in Volume 504 at Page 377 of the Ansonia Land
0328FC-20144168 Page 3 of 7
BENDETT& McHUGH 160
FARMINGTON AVENUE • FARMINGTON, CT 06032 • (86o) 677-2868 • JuRis No. 102892
•
•
Records. (b)
The Defendant, FIA Card Services, N.A. may claim an interest in said
premises by virtue of a judgment lien in the amount of $3,969.47 plus costs dated March 26, 2012 and recorded April 2, 2012 in Volume 505 at Page 308 of the Ansonia Land Records. (c)
The Defendant, United States of America, Secretary of Department of
Housing and Urban Development may claim an interest in said premises by virtue of a mortgage in the original principal amount of $65,397.94 dated December 31, 2013 and recorded January 31, 2014 in Volume 522 at Page 865 of the Ansonia Land Records. 10.
Upon information and belief, the Defendant(s), John. Rodriguez and Kimberly
Rodriguez are the owner(s) of record and in possession of said premises.
0328FC-20144168 Page 4 of 7
BENDETT& Mc HUGH i6o
FARMINGTON AVENUE • FARMINGTON,
CT o6o32 • (86o) 677-2868 • Juais
No. 102892
WHEREFORE, The Plaintiff claims: 1. 2. 3.
4. 5. 6.
A foreclosure of said mortgage. Immediate possession of the mortgaged premises. A deficiency judgment. No deficiency will be sought against any person whose obligation under the subject promissory note has been heretofore or hereafter discharged in bankruptcy. The appointment of a receiver to collect rents and profits accruing from the premises. Reasonable attorney's fees and costs. Such other relief and further equitable relief as may be required.
NOTICE: A PERSON WHO IS UNEMPLOYED OR UNDER-EMPLOYED AND WHO HAS FOR A CONTINUOUS PERIOD OF AT LEAST TWO YEARS PRIOR TO THE COMMENCEMENT OF THIS FORECLOSURE ACTION OWNED AND OCCUPIED THE PROPERTY BEING FORECLOSED AS SUCH PERSON'S PRINCIPAL RESIDENCE, MAY BE ENTITLED TO CERTAIN RELIEF PROVISIONS UNDER SECTIONS 49-31d to 49-31i, INCLUSIVE, OF THE CONNECTICUT GENERAL STATUTES. YOU SHOULD CONSULT AN ATTORNEY TO DETERMINE YOUR RIGHTS UNDER SECTIONS 49-31d to 49-31i OF THE CONNECTICUT GENERAL STATUTES. NOTICE: THE LAW FIRM OF BENDETT & MCHUGH, P.C. IS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY WHICH DISCHARGED THIS DEBT, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
0328FC-20144168 Page 5 of 7
BENDETT&McHUGH 160 FARMINGTON AVENUE • FARMINGTON, CT 06032 • (86o) 677-2868 • JURIS NO. 102892
•
•
This action is within jurisdiction of the Superior Court. Dated at Farmington, Connecticut, THE PLAINTIFF, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
By Loren M. Bisberg Bendett & McHugh, P.C. Its Attorneys 160 Farmington Avenue Farmington, CT 06032 (860) 677-2868 Juris No. 102892
0328FC-20144168 Page 6 of 7
BENDETT& McHUGH 160 FARMINGTON AVENUE • FARMINGTON, CT 06032 • (86o) 677-2868 • JuRis No. 102892
•
• : SUPERIOR COURT
RETURN DATE: AUGUST 19, 2014 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
J.D. OF ANSONIA/MILFORD
VS.
AT MILFORD
RODRIGUEZ, JOHN, ET AL
5) (
2-61
.
,20 &-(
STATEMENT OF AMOUNT IN DEMAND The amount, legal interest or property in demand is $15,000.00 or more, exclusive of interest and costs. PLAINTIFF, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
ren . Bisberg Bendett & McHugh, P.C. Its Attorneys 160 Farmington Avenue Farmington, CT 06032 (860) 677-2868 Juris No. 102892 MLRB/0328FC-20144168
0328FC-20144168 Page 7 of 7
BE ND ETT& M c HUGH 160 FARMINGTON AVENUE • FARMINGTON, CT o6032 • (86o) 677-2868 • Jums No. 102892
All that certain piece or parcel of land, with all the improvements\_ thereon, situated in the City of Ansonia, County of New Haven and State of Connecticut, bounded and described as follows: Northerly on land formerly of Richard W. Gillis in part and in part by land now or formerly of Myron Gillette, 51 feet; Easterly
by land now or formerly of Emil Fournier 114 feet;
Southerly on Clarkson Street, 60 feet;
Westerly
on land formerly of Oscar Johnson, now of Harbert Pattinson and Mary Pattinson, 114 feet.
: SUPERIOR COURT
JPMORGAN CHASE BANK, NATIONAL : J.D. OF ANSONIA/MILFORD ASSOCIATION : AT MILFORD
VS.
.2 1
RODRIGUEZ, JOHN, ET AL
. 20 rt
COMPLAINT 1.
On May 23, 2008, John Rodriguez and Kimberly Rodriguez owed First Horizon
Home Loans, a Division of First Tennessee Bank, N.A. $189,805.00, as evidenced by a promissory note for said sum dated on said date, and payable to the order of First Horizon Home Loans, a Division of First Tennessee Bank, N.A. with interest from said date, in monthly installments of principal and interest. 2.
On said date, by a deed of that date, said John Rodriguez and Kimberly
Rodriguez, to secure said note, mortgaged to Mortgage Electronic Registration Systems, Inc., as Nominee for First Horizon Home Loans, a Division of First Tennessee Bank, N.A. the premises known as 15 Clarkson Street, Ansonia, Connecticut, and described in Exhibit A attached hereto and made a part hereof. 3.
Said mortgage deed was recorded on the Ansonia Land Records on June 3, 2008
in Volume 474 at Page 967. Said mortgage was modified by virtue of a FHA Home Affordable Modification Agreement dated January 6, 2014 and recorded January 31, 2014 in Volume 522
0328FC-20144168 Page 1 of 7
BENDETT& McHUGH 160 FARMINGTON AVENUE • FARMINGTON,
CT 06032 • (86o) 677-2868 • JuRIs No. 102892
at Page 855 of the Ansonia Land Records. 4.
Mortgage Electronic Registration Systems, Inc., as Nominee for First Horizon
Home Loans, a Division of First Tennessee Bank, N.A. assigned said mortgage to Chase Home Finance LLC by an assignment dated April 15, 2010 and recorded May 25, 2010 in Volume 490 at Page 977 of the Ansonia Land Records. 5.
JPMorgan Chase Bank, N.A. is the successor by merger to Chase Home
Finance, LLC. 6.
On or before July 3, 2014, the Plaintiff became and at all times since then has
been the party entitled to collect the debt evidenced by said note and is the party entitled to enforce said mortgage. The unpaid balance due pursuant to the terms of said note is $197,021.49, plus interest from February 1, 2014 and late charges and collection costs, that have not been paid although due and payable. 7.
Said note and mortgage are now in default by virtue of nonpayment of the
monthly installments of principal and interest due on March 1, 2014 and each and every month thereafter, and the Plaintiff has exercised its option to declare the entire balance of said note due and payable. 8.
The following encumbrances of record upon the property sought to be
foreclosed are prior in right to the Plaintiffs mortgage and are not affected by this action:
0328FC-20144168 Page 2 of 7
BENDETT&McHUGH 160 FARMINGTON AVENUE • FARMINGTON, CT 06032 • (86o) 677-2868 • JuRis No. 102892
(a)
Any taxes due the Town of Ansonia that remain outstanding and
properly perfected as of the date hereof pursuant to applicable law. (b)
City of Ansonia claims an interest in said premise by virtue of a tax lien
in the amount of $440.40 dated July 12, 2012 and recorded July 12, 2012 in Volume 499 at Page 63 of the Ansonia Land Records; by virtue of a sewer lien in the amount of $205.58 dated July 12, 2012 and recorded July 12, 2012 in Volume 499 at Page 94 of the Ansonia Land Records; by virtue of a sewer lien in the amount of $270.00 dated May 30, 2012 and recorded May 30, 2012 in Volume 506 at Page 1000 of the Ansonia. Land Records; by virtue of a sewer lien in the amount of $270.00 dated May 20, 2013 and recorded May 20, 2013 in Volume 515 at Page 1061 of the Ansonia Land Records; by virtue of a sewer lien in the amount of $294.00 dated August 12, 2013 and recorded August 12, 2013 in Volume 518 at Page 614 of the Ansonia Land Records; and by virtue of a sewer lien in the amount of $270.00 dated May 16, 2014 and recorded May 16, 2014 on Volume 525 at Page 108 of the Ansonia Land Records. 9.
On the aforementioned piece of property, the following interests are claimed
which are subsequent to Plaintiffs said mortgage: (a)
The Defendant, Endodontic Associates, P.C., may claim an interest in
said premises by virtue of a judgment lien in the amount of $1,036.00 plus costs dated February 24, 2012 and recorded February 27, 2012 in Volume 504 at Page 377 of the Ansonia Land
0328FC-20144168 Page 3 of 7
BENDETT& McHUGH 160
FARMINGTON AVENUE • FARMINGTON, CT 06032 • (86o) 677-2868 • JuRis No. 102892
•
•
Records. (b)
The Defendant, FIA Card Services, N.A. may claim an interest in said
premises by virtue of a judgment lien in the amount of $3,969.47 plus costs dated March 26, 2012 and recorded April 2, 2012 in Volume 505 at Page 308 of the Ansonia Land Records. (c)
The Defendant, United States of America, Secretary of Department of
Housing and Urban Development may claim an interest in said premises by virtue of a mortgage in the original principal amount of $65,397.94 dated December 31, 2013 and recorded January 31, 2014 in Volume 522 at Page 865 of the Ansonia Land Records. 10.
Upon information and belief, the Defendant(s), John. Rodriguez and Kimberly
Rodriguez are the owner(s) of record and in possession of said premises.
0328FC-20144168 Page 4 of 7
BENDETT& Mc HUGH i6o
FARMINGTON AVENUE • FARMINGTON,
CT o6o32 • (86o) 677-2868 • Juais
No. 102892
WHEREFORE, The Plaintiff claims: 1. 2. 3.
4. 5. 6.
A foreclosure of said mortgage. Immediate possession of the mortgaged premises. A deficiency judgment. No deficiency will be sought against any person whose obligation under the subject promissory note has been heretofore or hereafter discharged in bankruptcy. The appointment of a receiver to collect rents and profits accruing from the premises. Reasonable attorney's fees and costs. Such other relief and further equitable relief as may be required.
NOTICE: A PERSON WHO IS UNEMPLOYED OR UNDER-EMPLOYED AND WHO HAS FOR A CONTINUOUS PERIOD OF AT LEAST TWO YEARS PRIOR TO THE COMMENCEMENT OF THIS FORECLOSURE ACTION OWNED AND OCCUPIED THE PROPERTY BEING FORECLOSED AS SUCH PERSON'S PRINCIPAL RESIDENCE, MAY BE ENTITLED TO CERTAIN RELIEF PROVISIONS UNDER SECTIONS 49-31d to 49-31i, INCLUSIVE, OF THE CONNECTICUT GENERAL STATUTES. YOU SHOULD CONSULT AN ATTORNEY TO DETERMINE YOUR RIGHTS UNDER SECTIONS 49-31d to 49-31i OF THE CONNECTICUT GENERAL STATUTES. NOTICE: THE LAW FIRM OF BENDETT & MCHUGH, P.C. IS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY WHICH DISCHARGED THIS DEBT, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
0328FC-20144168 Page 5 of 7
BENDETT&McHUGH 160 FARMINGTON AVENUE • FARMINGTON, CT 06032 • (86o) 677-2868 • JURIS NO. 102892
•
•
This action is within jurisdiction of the Superior Court. Dated at Farmington, Connecticut, THE PLAINTIFF, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
By Loren M. Bisberg Bendett & McHugh, P.C. Its Attorneys 160 Farmington Avenue Farmington, CT 06032 (860) 677-2868 Juris No. 102892
0328FC-20144168 Page 6 of 7
BENDETT& McHUGH 160 FARMINGTON AVENUE • FARMINGTON, CT 06032 • (86o) 677-2868 • JuRis No. 102892
•
• : SUPERIOR COURT
RETURN DATE: AUGUST 19, 2014 JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
J.D. OF ANSONIA/MILFORD
VS.
AT MILFORD
RODRIGUEZ, JOHN, ET AL
5) (
2-61
.
,20 &-(
STATEMENT OF AMOUNT IN DEMAND The amount, legal interest or property in demand is $15,000.00 or more, exclusive of interest and costs. PLAINTIFF, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
ren . Bisberg Bendett & McHugh, P.C. Its Attorneys 160 Farmington Avenue Farmington, CT 06032 (860) 677-2868 Juris No. 102892 MLRB/0328FC-20144168
0328FC-20144168 Page 7 of 7
BE ND ETT& M c HUGH 160 FARMINGTON AVENUE • FARMINGTON, CT o6032 • (86o) 677-2868 • Jums No. 102892
All that certain piece or parcel of land, with all the improvements\_ thereon, situated in the City of Ansonia, County of New Haven and State of Connecticut, bounded and described as follows: Northerly on land formerly of Richard W. Gillis in part and in part by land now or formerly of Myron Gillette, 51 feet; Easterly
by land now or formerly of Emil Fournier 114 feet;
Southerly on Clarkson Street, 60 feet;
Westerly
on land formerly of Oscar Johnson, now of Harbert Pattinson and Mary Pattinson, 114 feet.
