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RETURN DATE: MARCH 28, 2023 {| SUPERIOR COURT
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE JUDICIAL DISTRICT OF
SERVICING ITCHFIELD
VS. T TORRINGTON
| February 23, 2023
STEPHEN MACDONALD ET AL. :
1.
23-042121
COMPLAINT
On November 23, 2016, Defendant(s), Stephen MacDonald, promised to pay to the
order of HomeBridge Financial Services, Inc. the principal sum of $160,047.00, as
evidenced by a promissory note (the “Note”) for said sum, dated on said date, and
payable to the order of HomeBridge Financial Services, Inc., with interest from said
date, in monthly installments of principal and interest.
On said date, by deed of that date, Defendant(s), Stephen MacDonald, to secure the
Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as mortgagee,
acting solely as a nominee for HomeBridge Financial Services, Inc., the premises
known as 253 Circle Drive, Torrington, Connecticut as described in Exhibit A attached
hereto and made a part of.
Said mortgage deed was recorded on November 30, 2016, in Volume 1238 at Page 784
of the Torrington Land Records and affected by a Loan Modification dated January 2,
2020 and recorded on May 20, 2020 in Volume 1308 at Page 152 in the Torrington
Land Records further affected by a Loan Modification Agreement dated July 28, 2022
and recorded on August 29, 2022 in Volume 1373 at Page 207 in the Torrington Land
Records.
Complaint Page | of 523-042121
Plaintiff is the current holder of the Note.
The Mortgage is owned by Plaintiff by virtue of an Assignment dated July 3, 2019 and
recorded on July 8, 2019 in Volume 1291 at Page 54 of the Torrington Land Records.
The installment of principal and interest that was due on October 1, 2022, and each and
every month thereafter has not been paid, and Plaintiff has exercised its option, in
compliance with and as permitted by HUD regulations, to declare the entire balance
due on the note due and payable.
The Defendant, Secretary of Housing and Urban Development claims, or may claim an
interest in the property by virtue of a Partial Claim Mortgage in the original principal
amount of $46,253.62 dated January 2, 2020 and recorded on May 20, 2020 in Volume
1308 at Page 100 of the Torrington Land Records, which lien is subordinate and inferior
in right to Plaintiff's mortgage interest.
The following parties claim an interest in the Property prior in right to the interest of
Plaintiff:
a) City of Torrington for taxes for any previous year now due and all subsequent years
not yet due.
b) City of Torrington for sewer use charges for the calendar years not yet due; and any
previous year now due;
c) Torrington Tax District fees, if applicable.
Complaint Page 2 of 5Exhibit A
All that certain piece or parcel of land with all buildings and improvements thereon situated in
the Town of Torrington, County of Litchfield and State of Connecticut, being show as Lot No. 59 ona
map or plan entitled “Plan and Profile Extension of Circle Drive “Sunrise Estates” a Development of
FM. Santamaria, Inc., Torrington, Connecticut, Scale: 1" =40ft. H.E. Smith, Jr., Land Surveyor,
Torrington, Conn.”; which map or plan is on file in the Office of the Town Clerk of Torrington as Map
No. 666; which piece or parcel of land is bounded and described as follows:
NORTHERLY: _ by land now or formerly of Frank Sastanksi, et ux, shown as Lot No, 58
on said map, 125 feet;
EASTERLY: by public highway known as Circle Drive, 100 feet;
SOUTHERLY: _ by iand now or formerly of Joseph W. Zbuska, et ux, shown as Lot No. 60
‘on said map 125 feet; and
WESTERLY: by land now or formerly of F.M. Santamaria, Inc. 100 feet
Said premises are conveyed subject to the following:
1. Easement in favor of Southern New England Telephone Company recorded
August 17, 1960 in Volume 217, Page 399 of the Torrington Land Records.
2. Building lines as shown on Map #666.
3. Real Estate taxes on the Grand List of October 1, 2015 and thereafter.
Being the same premises conveyed to the Grantor herein by Warranty Deed from Shirley R.
Hanrahan dated July 15, 2009 and recorded in Volume 1071, Page 423 of the Torrington Land Records.
23-042121 Complaint Page 3 of 5WHEREFORE, Plaintiff prays for the following relief:
1.
6.
7.
Foreclosure of the mortgage, including when applicable, a foreclosure of said
mortgage pursuant to Connecticut General Statutes Section 49-17;
Immediate possession of the mortgaged premises:
Entry of deficiency judgment against Defendant(s), Stephen MacDonald (unless same
has been precluded by a Bankruptcy filing):
The appointment of a receiver to collect the rents and profits accruing from the
premises;
Costs of this action (unless same has been precluded by a Bankruptcy filing);
Attorney’s fees (unless same has been precluded by a Bankruptcy filing); and
Such other and further relief as the court may deem just and equitable.
NOTICE: THE LAW FIRM OF KORDE & ASSOCIATES, P.C. IS A DEBT COLLECTOR
AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED
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.
23-042121
Complaint
Plaintiff,
NewRez LLC d/b/a Shellpoint Mortgage
Servicing
By its Attorney/
John P. Fahdy//Esq.
Korde & AsSociates, P.C.
5 Shaw’s Cove, Suite 201
New London, CT 06320
(860) 969-0400
(860) 756-8589 (fax)
Juris No. 305404
Page 4 of 5CERTIFICATION OF FINANCIAL RESPONSIBILITY
I hereby certify that I have personal knowledge of the financial responsibility of the
plaintiff and deem it sufficient to pay the costs of this action.
Pomogpeter Esq.
23-042121 Complaint Page 5 of 5RETURN DATE: — MARCH 28, 2023 | SUPERIOR COURT
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE JUDICIAL DISTRICT OF
SERVICING : LITCHFIELD
VS. AT TORRINGTON
| February 23, 2023
STEPHEN MACDONALD ET AL.
STATEMENT OF AMOUNT IN DEMAND
The amount in demand, exclusive of interest and costs, is greater than Fifteen Thousand
Dollars ($15,000.00).
Plaintiff,
NewRez LLC d/b/a Shellpoint Mortgage
Servicing
By its Attorney, /
ft
John P. Fahey, E,
Korde & Associates, P.C.
5 Shaw’s Cove, Suite 201
New London, CT 06320
(860) 969-0400
(860) 756-8589 (fax)
Juris No. 305404RETURN DATE: MARCH 28, 2023 | SUPERIOR COURT
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE JUDICIAL DISTRICT OF
SERVICING | LITCHFIELD
VS. | AT TORRINGTON
! February 23, 2023
STEPHEN MACDONALD ET AL.
NOTICE TO DEFENDANT
If you are a homeowner, under the terms of 49-31d, et seq. of the Connecticut General
Statutes, you are hereby given notice as follows:
A PERSON WHO IS UNEMPLOYED OR UNDEREMPLOYED 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 CONNECTICUT PUBLIC ACT
83-547, AS AMENDED BY PUBLIC ACT 83-29 OF THE JUNE SPECIAL SESSION. YOU
SHOULD CONSULT AN ATTORNEY TO DETERMINE YOUR RIGHTS UNDER THIS ACT.
IN ORDER TO QUALIFY FOR RELIEF UNDER THE STATUTE, YOU MUST MAKE AN
APPLICATION FOR PROTECTION FROM FORECLOSURE WITHIN 25 DAYS OF THE
RETURN DATE.
Plaintiff,
NewRez LLC d/b/a Shellpoint Mortgage
Servicing
By its Attorney,
John P. Fahdy/ Esq.
Korde & Associates, P.C.
5 Shaw’s Cove, Suite 201
New London, CT 06320
(860) 969-0400
(860) 756-8589 (fax)
Juris No. 305404
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RETURN DATE: MARCH 28, 2023 {| SUPERIOR COURT NEWREZ LLC D/B/A SHELLPOINT MORTGAGE JUDICIAL DISTRICT OF SERVICING ITCHFIELD VS. T TORRINGTON | February 23, 2023 STEPHEN MACDONALD ET AL. : 1. 23-042121 COMPLAINT On November 23, 2016, Defendant(s), Stephen MacDonald, promised to pay to the order of HomeBridge Financial Services, Inc. the principal sum of $160,047.00, as evidenced by a promissory note (the “Note”) for said sum, dated on said date, and payable to the order of HomeBridge Financial Services, Inc., with interest from said date, in monthly installments of principal and interest. On said date, by deed of that date, Defendant(s), Stephen MacDonald, to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as mortgagee, acting solely as a nominee for HomeBridge Financial Services, Inc., the premises known as 253 Circle Drive, Torrington, Connecticut as described in Exhibit A attached hereto and made a part of. Said mortgage deed was recorded on November 30, 2016, in Volume 1238 at Page 784 of the Torrington Land Records and affected by a Loan Modification dated January 2, 2020 and recorded on May 20, 2020 in Volume 1308 at Page 152 in the Torrington Land Records further affected by a Loan Modification Agreement dated July 28, 2022 and recorded on August 29, 2022 in Volume 1373 at Page 207 in the Torrington Land Records. Complaint Page | of 523-042121 Plaintiff is the current holder of the Note. The Mortgage is owned by Plaintiff by virtue of an Assignment dated July 3, 2019 and recorded on July 8, 2019 in Volume 1291 at Page 54 of the Torrington Land Records. The installment of principal and interest that was due on October 1, 2022, and each and every month thereafter has not been paid, and Plaintiff has exercised its option, in compliance with and as permitted by HUD regulations, to declare the entire balance due on the note due and payable. The Defendant, Secretary of Housing and Urban Development claims, or may claim an interest in the property by virtue of a Partial Claim Mortgage in the original principal amount of $46,253.62 dated January 2, 2020 and recorded on May 20, 2020 in Volume 1308 at Page 100 of the Torrington Land Records, which lien is subordinate and inferior in right to Plaintiff's mortgage interest. The following parties claim an interest in the Property prior in right to the interest of Plaintiff: a) City of Torrington for taxes for any previous year now due and all subsequent years not yet due. b) City of Torrington for sewer use charges for the calendar years not yet due; and any previous year now due; c) Torrington Tax District fees, if applicable. Complaint Page 2 of 5Exhibit A All that certain piece or parcel of land with all buildings and improvements thereon situated in the Town of Torrington, County of Litchfield and State of Connecticut, being show as Lot No. 59 ona map or plan entitled “Plan and Profile Extension of Circle Drive “Sunrise Estates” a Development of FM. Santamaria, Inc., Torrington, Connecticut, Scale: 1" =40ft. H.E. Smith, Jr., Land Surveyor, Torrington, Conn.”; which map or plan is on file in the Office of the Town Clerk of Torrington as Map No. 666; which piece or parcel of land is bounded and described as follows: NORTHERLY: _ by land now or formerly of Frank Sastanksi, et ux, shown as Lot No, 58 on said map, 125 feet; EASTERLY: by public highway known as Circle Drive, 100 feet; SOUTHERLY: _ by iand now or formerly of Joseph W. Zbuska, et ux, shown as Lot No. 60 ‘on said map 125 feet; and WESTERLY: by land now or formerly of F.M. Santamaria, Inc. 100 feet Said premises are conveyed subject to the following: 1. Easement in favor of Southern New England Telephone Company recorded August 17, 1960 in Volume 217, Page 399 of the Torrington Land Records. 2. Building lines as shown on Map #666. 3. Real Estate taxes on the Grand List of October 1, 2015 and thereafter. Being the same premises conveyed to the Grantor herein by Warranty Deed from Shirley R. Hanrahan dated July 15, 2009 and recorded in Volume 1071, Page 423 of the Torrington Land Records. 23-042121 Complaint Page 3 of 5WHEREFORE, Plaintiff prays for the following relief: 1. 6. 7. Foreclosure of the mortgage, including when applicable, a foreclosure of said mortgage pursuant to Connecticut General Statutes Section 49-17; Immediate possession of the mortgaged premises: Entry of deficiency judgment against Defendant(s), Stephen MacDonald (unless same has been precluded by a Bankruptcy filing): The appointment of a receiver to collect the rents and profits accruing from the premises; Costs of this action (unless same has been precluded by a Bankruptcy filing); Attorney’s fees (unless same has been precluded by a Bankruptcy filing); and Such other and further relief as the court may deem just and equitable. NOTICE: THE LAW FIRM OF KORDE & ASSOCIATES, P.C. IS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED 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. 23-042121 Complaint Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing By its Attorney/ John P. Fahdy//Esq. Korde & AsSociates, P.C. 5 Shaw’s Cove, Suite 201 New London, CT 06320 (860) 969-0400 (860) 756-8589 (fax) Juris No. 305404 Page 4 of 5CERTIFICATION OF FINANCIAL RESPONSIBILITY I hereby certify that I have personal knowledge of the financial responsibility of the plaintiff and deem it sufficient to pay the costs of this action. Pomogpeter Esq. 23-042121 Complaint Page 5 of 5RETURN DATE: — MARCH 28, 2023 | SUPERIOR COURT NEWREZ LLC D/B/A SHELLPOINT MORTGAGE JUDICIAL DISTRICT OF SERVICING : LITCHFIELD VS. AT TORRINGTON | February 23, 2023 STEPHEN MACDONALD ET AL. STATEMENT OF AMOUNT IN DEMAND The amount in demand, exclusive of interest and costs, is greater than Fifteen Thousand Dollars ($15,000.00). Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing By its Attorney, / ft John P. Fahey, E, Korde & Associates, P.C. 5 Shaw’s Cove, Suite 201 New London, CT 06320 (860) 969-0400 (860) 756-8589 (fax) Juris No. 305404RETURN DATE: MARCH 28, 2023 | SUPERIOR COURT NEWREZ LLC D/B/A SHELLPOINT MORTGAGE JUDICIAL DISTRICT OF SERVICING | LITCHFIELD VS. | AT TORRINGTON ! February 23, 2023 STEPHEN MACDONALD ET AL. NOTICE TO DEFENDANT If you are a homeowner, under the terms of 49-31d, et seq. of the Connecticut General Statutes, you are hereby given notice as follows: A PERSON WHO IS UNEMPLOYED OR UNDEREMPLOYED 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 CONNECTICUT PUBLIC ACT 83-547, AS AMENDED BY PUBLIC ACT 83-29 OF THE JUNE SPECIAL SESSION. YOU SHOULD CONSULT AN ATTORNEY TO DETERMINE YOUR RIGHTS UNDER THIS ACT. IN ORDER TO QUALIFY FOR RELIEF UNDER THE STATUTE, YOU MUST MAKE AN APPLICATION FOR PROTECTION FROM FORECLOSURE WITHIN 25 DAYS OF THE RETURN DATE. Plaintiff, NewRez LLC d/b/a Shellpoint Mortgage Servicing By its Attorney, John P. Fahdy/ Esq. Korde & Associates, P.C. 5 Shaw’s Cove, Suite 201 New London, CT 06320 (860) 969-0400 (860) 756-8589 (fax) Juris No. 305404