arrow left
arrow right
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BAN v. MULLE, THEODORE B. Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BAN v. MULLE, THEODORE B. Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BAN v. MULLE, THEODORE B. Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BAN v. MULLE, THEODORE B. Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BAN v. MULLE, THEODORE B. Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BAN v. MULLE, THEODORE B. Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BAN v. MULLE, THEODORE B. Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BAN v. MULLE, THEODORE B. Et AlP00 - Property - Foreclosure document preview
						
                                

Preview

DOCKET NO.: LLI-CV16-6014392-S : SUPERIOR COURT i JUDICIAL DISTRICT U.S. BANK NATIONAL ASSOCIATION, AS : OF LITCHFIELD TRUSTEE FOR BANC OF AMERICA FUNDING: 2009-FT1 TRUST, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2009-FT1 : AT LITCHFIELD VS. THEODORE B. MULLE ; DENISE D. MULLE : March 21, 2017 BANK OF AMERICA, N.A. : AFFIDAVIT OF COMPLIANCE WITH EMAP I, the undersigned, sworn on oath, state as follows: i; 2. w My name is Eileen C. O’ Shaughnessy. Tam employed as an attorney at the law firm of Marinosci Law Group, P.C. Tam familiar with the facts of this case. On or about July 24, 2015, a Demand letter was sent via regular and certified mail to THEODORE B. MULLE and DENISE D. MULLE at 201 Aspetuck Ridge Rd., New Milford, CT 06776-5602. advising her that the Note is in default for breach of the conditions contained in the Loan Documents, including failure to make monthly payments. Defendant was provided with an arrearage amount to cure the loan by September 22, 2015. Notice sent also advised the Defendants that under Section 8-265ee of the Connecticut General Statutes, as amended, that he has 60 days from the date of the letter to: (1) Have a face-to-face meeting or telephone conference with the Lender or a face-to- face meeting with a consumer counseling agency to attempt to resolve the delinquency or default of the mortgage loan by restricting the loan payment schedule or otherwise; (2) Contact the Connecticut Housing Finance Authority at 999 West Street, Rocky Hill, Connecticut 06067, Telephone 860-721-9501 to obtain for and apply for emergency assistance payments if Defendant was unable to resolve the mortgage delinquency or default with the Lender A list of the CHFA/HUD-Approved Housing Counseling Agencies was sent as an attachment along with the Demand letter that was sent via regular and certified mail on July 24, 2015.7. Imake these statements based upon my own knowledge, information and belief. ilu Cen eect Eileen C. O’Shaughnessy, Esq) Subscribed to and sworn before mein (Warwick, RV on this zara day of How 2017. Name: My Commission Expires: TY, Notary # 760433 ate of Rhode Island 0" Sxbires Feb. 21, 2024EXHIBIT ANationstar Mortgage, LLC PO Box 90 Temecula, CA 92589-9095 Send Payments to Netionstar Mortgage PO Box 680783 Dallas, TX 76265-0783 MIM | AA 430? L100 1170 O8ed 4205 85 20180724-160 Last pet Loaf pete HERA fotffagtata pellet THEODORE B MULLE DENISE D MULLE 201 ASPETUCK RIDGE RD NEW MILFORD, CT 06776-5602 PRESORT First-Class Mail U.S, Postage and Fees Paid wso NOtNationstar- MORTGAGE 07/24/2015 Sent Via Certified Mail 9307 1100 2170 0820 8205 45 THEODORE B MULLE DENISE D MULLE 201 ASPETUCK RIDGE RD NEW MILFORD, CT 06776-5602 Loan Number: Property Address: 40 VAN CAR RD NEW MILFO NEW MILFORD, CT 06776 Dear THEODORE B MULLE and DENISE D MULLE: If you are represented by an attorney, please send this notice to your attorney. Nationstar is the mortgage loan servicer for "U.S. Bank National Association, as Trustee for Bane of America Funding 2009-FTL Trust". This notice is being sent as required by the terms of the security instrument securing your mortgage loan. Your loan is currently past due for the 06/11/2015 payment and is due for all payments from and including that date, The failure to make these payments is a default under the terms and conditions of the mortgage loan. As of the date of this letter, total monthly payments (including principal, interest, and escrow, if applicable), late fees, NSF fees, and other fees and advances due under the terms of the loan documents are past due in the amount of $1,340.60. In order to cure this default, you must pay the total amount due of $1,340.60 in addition to other amounts that become due from the date of this letter through the date you pay. On the day that you intend to pay, please call Nationstar at 1-888-480-2432 to request the full amount owed on your account as the amount due on the day that you pay may be greater ihan stated above, due to interest, late charges, and other charges or credits that may vary from day to day, or may be assessed afier the daie of this letter. Any advances made by Nationstar subsequent to the date of this letter to protect the lien position and property must be added to the total amount necessary to cure the default. This letter is in no way intended as a payoff statement for your mortgage, it merely es an amount necessary to cure the current delinquency. All reinstatement payments must be made payable in certified funds, cashier's check or money order(s) and mailed to Nationstar Mortgage LLC, PO Box 650783, Dallas, TX 75263-0783 or overnight delivery to Nationstar Mortgage LLC, Attn. Payment Processing, 1010 W. Mockingbird, Suite 100, Dallas, TX 75247. You may call Nationstar at 1-888-480-2432 if you have questions regarding your account or write to Nationstar Mortgage LLC, 8950 Cypress Waters Boulevard, Coppell, TX 75019. Unless otherwise required by applicable law, Nationstar is not obligated to accept less than the full amount Nationstar is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. However, if you are currently in bankruptcy or have received a discharge in bankruptcy, this conmunication is not an attempt to collect a debt from you personally to the extent that it is included in your bankruptcy or has been discharged, but is provided for informational purposes only. 9307 1100 4470 Naan aens asowed. If you send less than the full amount owed, Nationstar may, in its sole discretion, apply such partial payment without waiving any default or waiving the right to accelerate the mortgage and pursue foreclosure. $1,340.60 must be paid by 09/22/2015 (or if said date falls on a Saturday, Sunday, or legal holiday, then on the first business day thereafter) in order to cure the default. Your right to cure this default as referenced herein does not suspend your payment obligations. Pursuant to the terms of the Note, the next payment due on 08/11/2015 is still due on 08/11/2015 (or if said date(s) falls on a Saturday, Sunday, or legal holiday, then on the first business day thereafter). Failure to pay $1,340.60 by 09/22/2015 (or if said date falls on a Saturday, Sunday, or legal holiday, then on the first business day thereafier), may result in acceleration of the sums secured by the Security Instrument, foreclosure proceedings and sale of the property. In the event of acceleration, you have the right to reinstate the loan after acceleration and the right to assert in court the non-existence of a default or any other defense to acceleration and foreclosure or sale. This default, and any legal action that may occur as a result, may be reported to one or more local and national credit reporting agencies by Nationstar. If you request in writing, Nationstar will not contact you by phone at your place of employment. Furthermore, if you request in writing not to be contacted, Nationstar will not contact you, except to send statutorily and/or contractually required legal notice(s). You may have options available to you to help you avoid foreclosure. Please call Nationstar’s Foreclosure Prevention Department at 1-888-480-2432 for additional information or to request an interview for the purpose of resolving the past due account. You may also visit https://www.nationstarmtg.convPaymentAssistance/ for additional information, to see what options may be available to you, and to submit an application for assistance. All homeowners are cligible for housing counseling services through the U.S. Department of Housing and Urban Development (HUD). To obtain a list of HUD approved counseling agencies, call 1-888-995-HOPE (4673) or visit htto:/Avww.hud.gov/office: /sfhy/hecéhe: Please be advised that under Section 8-26See of the Connecticut General Statutes, as amended, that you have sixty (60) days from the date of this letter to: (1) have a face-to-face meeting or telephone conference with Nationstar Mortgage LLC or a face-to-face meeting with a consumer counseling agency to attempt to resolve the delinquency or default of the above referenced mortgage Joan by restructuring the loan payment schedule or otherwise; and (2) contact the Connecticut Housing Finance Authority at the address and phone number contained in this notice, to obtain information and apply for emergency mortgage assistance payments if you are not able to resolve the mortgage delinquency or default with Nationstar Mortgage LLC The address and telephone number for the Connecticut Housing Finance Authority is as follows: Connecticut Housing Finance Authority, 999 West Sirect, Rocky Hill, Connecticut 06067, Tel. 1-877-571-2432 or 1-860-571-3500. Enclosed is a list of HUD approved counseling agencies selected by the Connecticut Housing Finance Authority for the Emergency Mortgage Assistance Program (EMAP). CT_NOL Page 2 of 6 9307 1100 1170 f820 8205 a5Attention Servicemembers and Dependents: Servicemembers on active duty, or a spouse or dependent of such a servicemember, may be entitled to certain protections under the Servicemembers Civil Relief Act (*SSCRA”) regarding the servicemember’s interest rate and the risk of foreclosure. SCRA and certain state laws provide important protections for you, including prohibiting foreclosure without a court order. If you are currently in the military service, or have been within the last 12 months, AND joined after signing the Note and Security Instrument now in default, please notify Nationstar immediately. Please notify us of your active duty status in order to receive an interest rate reduction to 6%. Notice must be received no later than 180 days after your military services ends. It is not necessary to notify us of your military status in order to obtain foreclosure protection; however, we will be better able to assist you if you notify us of your military status as soon as possible. When contacting Nationstar as to your military service, you may be required to provide positive proof as to your military status. Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation’s Legal Assistance Officer. Homeowner counseling is also available at Military OneSource (xww.militaryon: 1-800-342-9647), Armed Forces Legal Assistance (http://egalassistance.law.afmil), and HUD-certified housing counseling agencies (http://www.hud.gov/offices/hsg/sfl/hee/hes.cfm). You may also call Nationstar toll-free at 1-888-480-2432 if you have questions about your rights under SCRA, Please disregard this notice if a payment sufficient to cure the default has already been sent. Sincerely, Monique Sanchez Dedicated Loan Specialist Nationstar Mortgage LLC 32 ext. 6874946 Waters Boulevard cT_NO} Page 3 of 6 9307 L100 4370 0820 A205 asOptional Method of Foreclosure by Market Sale: Pursuant to PA 14-84, et seq., Nationstar is required to provide CT_NOI Page 4 of 6 you with the following information regarding an optional method of foreclosure by market sale. You have the option to contact us to discuss whether the Property may, by mutual consent between us, be marketed for sale pursuant to a listing agreement established in accordance with Connecticut law as further described below. ‘You may contact us at: Mailing Address: ATTN: Short Sales Group 8950 Cypress Waters Boulevard Coppell, TX 75019 ‘elephone number 877-343-6386 Facsimile number 972-966-4800 E-Mail Address shortsalesupporté nationstarmail.com Foreclosure by market sale will not be an option for you unless (1) Your mortgage is a first (1st) mortgage (not including a reverse annuity mortgage) on your primary residence which you occupy and {2) the amount secured by the mortgage when added to amounts for which there is a prior lien by operation of law is less than the appraised value of your property. You have sixty (60) days after the date of this letter to initiate contact with us and to contemporaneously confirm in writing your election to pursue a foreclosure by market sale as the address or email provided above. You should contact a Connecticut real estate agent to discuss the feasibility of listing your property for sale pursuant to the foreclosure by market sale process. If we both agree to proceed with further discussions concerning an acceptable listing agreement, you must first permit an appraisal of the Property by a Connecticut licensed appraiser chosen by us to verify your eligibility for foreclosure by market sale. This appraisal will require both an interior and exterior inspection of the property. If you and we both agree to proceed further and you are eligible, the terms and conditions of the listing agreement, including the duration and listing price, must be acceptable to both you and us. The terms and conditions of any offer to purchase, including the purchase price and any contingencies, must be acceptable to both you and us. [f an acceptable offer is received you will sign an agreement to sell the property through a foreclosure by market sale. If you consent to a foreclosure by market sale, you will not be eligible for foreclosure mediation in any type of foreclosure action that is commenced following the giving of such consent. 9307 2200 1270 0820 8205 asFORECLOSURE MEDIATION NOTICE OF COMMUNITY-BASED STA SUPERIORCOUEE RESOU! RCES JUDICIAL BRANCH CGS §483u ADA NOTICE The Judicial Branch of the Stata of Connact complies with the Americans with Disabilifies A (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk oF an ADA contact person fisted al www jud ct gowADA State of Connecticut Department of Banking Foreclosure Hotline Bulletin Community-Based Resources for Connecticut Homeowners in Foreclosure Note: Assistance in multiple languages is available through Connecticut Housing Finance Authority (CHFA/HUD)-approved housing counseling agencies (refer to the fist below}. Ayuda en Espafiol es disponible a través de agencias de consejeria de. vivienda aprobado. por CHFA/HUD (favor de referirse.a la fista de abajo}. Toll-free Mortgage Foreclosure Assistance Hotline: 1-877-472-8313 Department of Banking Website: www.ct.gov/dob The free Foreclosure. Hotline is open Monday-Friday. 8:00 a.m. to §:00 p.m. Calls will be returned within two business days. Homeowners who are currently a party to a foreclosure action with time sensitive foreclosure concerms should call the Hotline for assistance. You can also reach the Department of Banking by calling 1-800-831-7225 (toll-free) or 860-240-8299. Mortgage Assistance from the Connecticut Housing Finance Authority (CHFA) The Connecticut Housing Finance Authority administers the state’s Emergency Mortgage Assistance Program (EMAP) which was created by the Connecticut General Assembly. EMAP can help eligible homeowners with overdue payments and provide monthly mortgage assistance. For more. information, contact a CHFA/HUD-approved housing counseling agency (listed below), call CHFA at 1-877-571-2432, or visit www.chfa.org. CHFA/HUD-Approved Housing Counselors: CHFA/HUD-approved housing counselors, provide free help to Connecticut homeowners who are struggling financially and may be at risk of foreclosure. They can review your budget and try to find ways to help with your financial issues. They are trained in handling FHA and “conventional” toans and can help you negotiate with your mortgage company or apply to CHEA for an. Emergency. Mortgage Assistance loan. If a foreclosure case has been filed against you and you have asked to participate in the Foreclosure Mediation Program, they can help you get ready for mediation (including the Premediati meetings with your mediator) and heip you submit financial documents to your morigage company as part of the mediation process, CHFA/HUD approved housing counselors welcome residents from all over Connecticut. You do not need to go to, the agency closest to you CHFA/HUD-Approved Housing Counseling Agency Phone ~ | Bridgeport Neighborhood Trust, 570 Stale Street, Bridgeport www. bniweb org 203-290-4255 exi. 107 | Hartford Community Renewal Team, 395 Wethersfield Ave., Hartford www.crtet.org 360-560-5880 Neighborhood Housing Services of New Britain, 223 Broad St., New. Britzin www.nhsnb.org | 860-224-2433 Neighborhood Housing Services of New Haven, 333 Sherman Ave., New Haven www. nhisofnewhaven.arg 203-777-6925 ext. 26 New Haven _ | Greater New, Haven Community Loan Fund, 171 Orange St., New Haven 203-624-7406 ext. 130 http://w. theroofproject.org Neighborhood Housing Services of Waterbury, 161 North Main Street, Waterbury wwww.chswaterbury.org (serves Waterbury, Naugatuck, Torrington, and all of Northwest CT) “New London’ | Catholic Charities, Diocese of Norwich, 221 Main St, Norwich: 28 Huntington St, Windham |New London waw.cofsn.org (also serves Middletown) | 203-753-1896 ext. 10 | 860-889-8346 ext. 2 9307 2100 1270 9820 eros 85Legal Resources Foreclosure Prevention Clinics: The Connecticut Fair Housing Center, the Department of Banking, and the Judicial Branch’'s Foreclosure Mediation Program present free clinics for homeowners in foreclosure. The clinics offer information on. the process and on preparing for court from a Center attorney, guidance on resources for homeowners fram the Department of Banking, and a description of the Mediation Program from a court mediator. After the presentations, homeowners can talk about their situations one-on-one with volunteer attorneys and paralegals. The clinic in Hartford is the 3rd Tuesday evening of most months and is run by the Connecticut Fair Housing Center and the University of Hartford Paralegal Studies. Program. The clinic in Fairfield County is. the 3rd Wednesday evening of most months. is sponsored by Bridgeport Mayor Bill Finch, Stamford Mayor. David Martin, and Norwalk Mayor Harry. W. Rilling, and is. run by the Connecticut Fair Housing Center and Homes Saved By Faith. its location rotates among the 3 cities. More information on the clinics (including times and locations) is available on wwiw.ctfairhousing.org or by calling 1-888-247-4401. Judicial Branch Foreclosure Volunteer Attorney Program: Volunteer attorneys are availabie to give advice and answer questions about foreclosure at certain courthouses in the state. Homeowners facing foreclosure throughout Connecticut are welcome to attend. Call 860-263-2734 for additional information, or visit http://jud.ct.gov/volunteer_atty_pram.him. Foreclosure Manual for Seilf-Represented Homeowners: The Connecticut Fair Housing Center publishes “Representing Yourself in Foreclosure: A Guide for Connecticut Homeowners,” a free manual describing the foreclosure and mediation process for seif-represented homeowners. Copies are availabie from CHFA/HUD-approved housing counselors, on www.ctfairhousing.org, or by calling the Center at 1-888-247-4401. Statewide Legal Services (SLS): SLS provides free legal advice and referrals for callers qualifying for its services. (guidelines include income limits). You can reach SLS by calling 1-800-453-3320 or 860-344-0380 or visiting www.slsct.org. Court Service Centers: In certain Superior Court locations, Court Service Centers provide public access computers, printers, fax machines, copiers, phones, and work space for self-represented parties. Refer to www.jud.ct.gov, and go to the. Quick Links menu on the home page of the Judicial website for more information. Lawyer Referral Services: County Bar Associations in Connecticut offer referral services that introduce homeowners to lawyers who can answer questions during an inifial half-hour consultation. You can send an email with your questions and availability. Services beyond the 1st half-hour fee will be at the atiomey's usual fee. County Phone Cee ue neu Website Email Fairfield 203-335-4116 $35 www fairfieldlawyerreferal.com | icba@conversentnet Hartford” 860-525-6052 325 www harlfordbar.org ficha@hartfordbar.org New Haven 203-562-5750 335 www. newhavenbar.org NHCBAinfo@newhavenbar.org [New London Bi $25 [ww.nicba.org See website for contact form *The Hartford County Bar also covers Litchfield, Middlesex, Tolland, and Windham Counties. How Foreclosure Rescue Scams Work. People In foreclosure are often the target of “foreclosure rescue scams,” Be very careful of non-lawyers who. ask you to pay a fee. for counseling, loan modification, foreclosure prevention, or a “forensic audit" of your loan documents, regardless of their promises or claims. Many out-of-state attorneys target Connecticut residents: you should never pay attorneys that you do. not meet. Contact the Department of Banking for more information at 1-877-472-8313 or visit www.preventioanscams.org. Mortgage Crisis Job Training Program. The state-funded Mortgage Crisis Job Training Program is a project of The WorkPlace, inc., in partnership. with the Connecticut Housing Finance Authority (CHFA), Capital Workforce Partners, and Connecticut's workforce system. The Program helps homeowners increase their job skills and earning potential. It offers customized employment services, job training scholarships, financial literacy, and credit counseling. For information call 1-866-683-1682 or go to www.workplace.org/mortgage.asp. Financial Assistance Programs. Connecticut's 12 Community Action Agencies (CAAs) help people meat immediate needs through services such as Eviction and Foreclosure Prevention, energy/heating assistance, food pantries, and weatherization, CAAs aiso empower people to improve their financial future through employment services, financial literacy training, and other programs. To locate your local CAA call the Connecticut Association for Community Action at 860-832-9438 or visit: www.cafca.org/our-network. For more information on programs for homeowners facing financial distress, review the Department of Banking's materiais on www.ct.gov/dob ot call 1-877-472-8313, You can also call Info line at 2-1-1 for resources JD-CV-A26.. Rav. 4-15 Page 2 of 2 CT_NOL Page 6 of 6 9207 LiNO LL7O Narn BeOS 85