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RETURN DAI : APRIL 16, 2024 SUPERIOR COURT
THE BANK OF NEW YORK MELLON FKA THE JUDICIAL DISTRICT OF
BANK OF NEW YORK, AS TRUSTEE FOR | MIDDLESEX
CERTIFICATE HOLDERS OF CWABS INC.,
ASSET-BACKED CERTIFICATES, SERIES 2007-5 AT MIDDLETOWN
VS. : March 15, 2024
MERION DEREN A/K/A MARION S DEREN ET AL.
COMPLAINT
On/February 9, 2007, Defendant(s), Merion Deren a/k/a Marion S Deren, promised to
pay to the order of America's Wholesale Lender, its successors and assigns the principal
am of $70,400.00, as evidenced by a promissory note (the “Note”) for said sum, dated
on said date, and payable to the order of America's Wholesale Lender, its successors
and assigns, with interest from said date, in monthly installments of principal and
interest,
Onisaid date, by deed of that date, Defendant(s), Merion Deren a/k/a Marion S Deren,
to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as
mortgagee, as nominee for America's Wholesale Lender, its successors and assigns, the
pretnises known as 213 Burgundy Hill Lane, Unit 213 of the Peppermill Village
Condominiums, Peppermill Village Condominium, Middletown, Connecticut as
described in Exhibit A attached hereto and made a part of.
|
Said mortgage deed was recorded on March 29, 2007, in Volume 1591 at Page 422 of
the Middletown Land Records.
|
Plaintiff is the current holder of the Note.
i
24-044961 Complaint Page | of 7
Mortgage is owned by Plaintiff by virtue of an Assignment dated October 27, 2015
and recorded on November 10, 2015 in Volume 1854 at Page 696 of the Middletown
Land Records.
The installment of principal and interest that was due on November 1, 2023, and each
and every month thereafter has not been paid, and Plaintiff has exercised its option, to
deglare the entire balance due on the note due and payable.
The Defendant, Peppermill Village Condominium Association, Inc. claims, or may
|
claim an interest in the property by virtue of a Lis Pendens dated December 19, 2023
and recorded on January 2, 2024 in Volume 2088 at Page 863 of the Middletown Land
Records, which lien is subordinate and inferior in right to Plaintiff's mortgage interest.
|
The Defendant, Peppermill Village Condominium Association, Inc. claims, or may
claim an interest in the property by virtue of an unrecorded lien for unpaid common
expenses and/or assessments in excess of those common expenses and/or assessments
not! entitled to priority over the lien of the mortgage being foreclosed, pursuant to
section 47-258 of the Connecticut General Statutes as hereinafter cited.
The following parties claim an interest in the Property prior in right to the interest of
Plai intiff:
a) |City of Middletown for taxes for any previous year now due and all subsequent
years not yet due.
b) |City of Middletown for sewer use charges for the calendar years not yet due; and
lany previous year now due;
24-044961 Complaint Page 2 of 7
c) |Middletown Tax District fees, if applicable.
d) Peppermill Village Condominium Association, Inc. may claim an interest in the
subject premises by virtue of an unrecorded lien for unpaid common expenses
and/or assessments which became due (in absence of acceleration) during the nine
months immediately preceding institution of this action, pursuant to section 47-258
lof the Connecticut General Statutes.
24-044961 Complaint Page 3 of 7
Exhibit A
.
The Lollovi: ng described raa2 property with any and an rights and
appurtena: ces thereto located in the City of Middletown, County of
Hiddlesex and State of Connecticut known ao Unit No. 213 as nore
particula: Ly described and designated in a certain declaration of
common in| erest community
entitled "Dcolaration for Peppermill
Village ¢ ndominiun” by Peppermill Trolley Limited Partnorship, dated
March 27, 1987 and rocordod on April 1,, 1967 in Volume 805 at Page
328 of th Middletown Land Records (hero: inafter roforred to as the
"Declaration") (aaid proprietary interests and rights shall
hereinafter be colloctively referred to herein as the °Premises").
Tho Premi ge 8 are also hereby conveyed together with and subject to
the terns conditions, agreements, obligations, and easements
contained] in tho Declaration as it may be amended or sy ipplomented
from time|/to tine. By acceptance of this daod, tho Grantees, its,
their heirs, administrators, executors, successors and assigne, also
heroaby expressly assume and agree to bo bound by and to conply with
all of the tarms, conditions, agreemonts; obli ations and aasencnts
as sct forth in the Bylows of the Peppernill vV. lage Condominium
Association, Inc. (the "Asseciation")
i
and Exhib: its thereto as they
may bo amended or- supplemented from tina
In addition, by
to tim 1B.
acceptance of this deed, ‘the Grantees shall becone members of said
Association and, as such members. accept all of the rights and
obligations ipposed thereunder.
24-044961 Complaint Page 4 of 7
WHEREFO , Plaintiff prays for the following relief:
1 Foreclosure of the mortgage, including when applicable, a foreclosure of said
mortgage pursuant to Connecticut General Statutes Section 49-17;
I ediate possession of the mortgaged premises;
Entry of deficiency judgment against Defendant(s), Merion Deren a/k/a Marion S
Deren (unless same has been precluded by a Bankruptcy filing);
Thelappointment 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
24-044961 Complaint Page 5 of 7
7. Such other and further reliefas 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.
Plaintiff,
The Bank Of New York Mellon fka The
Bank Of New York, As Trustee For
Certificate Holders Of CWABS Inc., Asset-
Backed Certificates, Series 2007-5
By its Atto
John P. Fal
Korde & sociates, P.C.
5 Shaw’s Cove, Suite 201
New London, CT 06320
(860) 969-0400
(860) 756-8589 (fax)
Juris No. 305404
24-044961 Complaint Page 6 of 7
CERTIFICATION OF FINANCIAL RESPONSIBILITY
I hereby certify that I have personal knowledge of the financial responsibility of the
df
plaintiff
and deem it sufficient to pay the costs of this action.
John P. Paley, Esq.
24-044961 Complaint Page 7 of 7
RETURN DATE: APRIL 16, 2024 SUPERIOR COURT
THE BANK OF NEW YORK MELLON FKA THE JUDICIAL DISTRICT OF
BANK OF NEW YORK, AS TRUSTEE FOR MIDDLESEX
CERTIFICATE HOLDERS OF CWABS INC.,
ASSET-BACKED CERTIFICATES, SERIES 2007-5 AT MIDDLETOWN
VS. March 15, 2024
MERION DEREN A/K/A MARION S DEREN 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,
The Bank Of New York Mellon fka The
Bank Of New York, As Trustee For
Certificate Holders Of CWABS Inc., Asset-
Backed Certificates, Series 2007-
By its Attorne;
John P. Fahéy, 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
RETURN DATE: APRIL 16, 2024 SUPERIOR COURT
THE BANK OF NEW YORK MELLON FKA THE JUDICIAL DISTRICT OF
BANK OF NEW YORK, AS TRUSTEE FOR MIDDLESEX
CERTIFICATE HOLDERS OF CWABS INC.,
ASSET-BACKED CERTIFICATES, SERIES 2007-5 AT MIDDLETOWN
VS. March 15, 2024
MERION DEREN A/K/A MARION S DEREN 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,
The Bank Of New York Mellon fka The
Bank Of New York, As Trustee For
Certificate Holders Of CWABS Inc., Asset-
Backed Certificates, Series 2007-5
By its Attorney,
John P. Fahdy,/sq. —~
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 DAI : APRIL 16, 2024 SUPERIOR COURT THE BANK OF NEW YORK MELLON FKA THE JUDICIAL DISTRICT OF BANK OF NEW YORK, AS TRUSTEE FOR | MIDDLESEX CERTIFICATE HOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-5 AT MIDDLETOWN VS. : March 15, 2024 MERION DEREN A/K/A MARION S DEREN ET AL. COMPLAINT On/February 9, 2007, Defendant(s), Merion Deren a/k/a Marion S Deren, promised to pay to the order of America's Wholesale Lender, its successors and assigns the principal am of $70,400.00, as evidenced by a promissory note (the “Note”) for said sum, dated on said date, and payable to the order of America's Wholesale Lender, its successors and assigns, with interest from said date, in monthly installments of principal and interest, Onisaid date, by deed of that date, Defendant(s), Merion Deren a/k/a Marion S Deren, to secure the Note, mortgaged to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for America's Wholesale Lender, its successors and assigns, the pretnises known as 213 Burgundy Hill Lane, Unit 213 of the Peppermill Village Condominiums, Peppermill Village Condominium, Middletown, Connecticut as described in Exhibit A attached hereto and made a part of. | Said mortgage deed was recorded on March 29, 2007, in Volume 1591 at Page 422 of the Middletown Land Records. | Plaintiff is the current holder of the Note. i 24-044961 Complaint Page | of 7 Mortgage is owned by Plaintiff by virtue of an Assignment dated October 27, 2015 and recorded on November 10, 2015 in Volume 1854 at Page 696 of the Middletown Land Records. The installment of principal and interest that was due on November 1, 2023, and each and every month thereafter has not been paid, and Plaintiff has exercised its option, to deglare the entire balance due on the note due and payable. The Defendant, Peppermill Village Condominium Association, Inc. claims, or may | claim an interest in the property by virtue of a Lis Pendens dated December 19, 2023 and recorded on January 2, 2024 in Volume 2088 at Page 863 of the Middletown Land Records, which lien is subordinate and inferior in right to Plaintiff's mortgage interest. | The Defendant, Peppermill Village Condominium Association, Inc. claims, or may claim an interest in the property by virtue of an unrecorded lien for unpaid common expenses and/or assessments in excess of those common expenses and/or assessments not! entitled to priority over the lien of the mortgage being foreclosed, pursuant to section 47-258 of the Connecticut General Statutes as hereinafter cited. The following parties claim an interest in the Property prior in right to the interest of Plai intiff: a) |City of Middletown for taxes for any previous year now due and all subsequent years not yet due. b) |City of Middletown for sewer use charges for the calendar years not yet due; and lany previous year now due; 24-044961 Complaint Page 2 of 7 c) |Middletown Tax District fees, if applicable. d) Peppermill Village Condominium Association, Inc. may claim an interest in the subject premises by virtue of an unrecorded lien for unpaid common expenses and/or assessments which became due (in absence of acceleration) during the nine months immediately preceding institution of this action, pursuant to section 47-258 lof the Connecticut General Statutes. 24-044961 Complaint Page 3 of 7 Exhibit A . The Lollovi: ng described raa2 property with any and an rights and appurtena: ces thereto located in the City of Middletown, County of Hiddlesex and State of Connecticut known ao Unit No. 213 as nore particula: Ly described and designated in a certain declaration of common in| erest community entitled "Dcolaration for Peppermill Village ¢ ndominiun” by Peppermill Trolley Limited Partnorship, dated March 27, 1987 and rocordod on April 1,, 1967 in Volume 805 at Page 328 of th Middletown Land Records (hero: inafter roforred to as the "Declaration") (aaid proprietary interests and rights shall hereinafter be colloctively referred to herein as the °Premises"). Tho Premi ge 8 are also hereby conveyed together with and subject to the terns conditions, agreements, obligations, and easements contained] in tho Declaration as it may be amended or sy ipplomented from time|/to tine. By acceptance of this daod, tho Grantees, its, their heirs, administrators, executors, successors and assigne, also heroaby expressly assume and agree to bo bound by and to conply with all of the tarms, conditions, agreemonts; obli ations and aasencnts as sct forth in the Bylows of the Peppernill vV. lage Condominium Association, Inc. (the "Asseciation") i and Exhib: its thereto as they may bo amended or- supplemented from tina In addition, by to tim 1B. acceptance of this deed, ‘the Grantees shall becone members of said Association and, as such members. accept all of the rights and obligations ipposed thereunder. 24-044961 Complaint Page 4 of 7 WHEREFO , Plaintiff prays for the following relief: 1 Foreclosure of the mortgage, including when applicable, a foreclosure of said mortgage pursuant to Connecticut General Statutes Section 49-17; I ediate possession of the mortgaged premises; Entry of deficiency judgment against Defendant(s), Merion Deren a/k/a Marion S Deren (unless same has been precluded by a Bankruptcy filing); Thelappointment 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 24-044961 Complaint Page 5 of 7 7. Such other and further reliefas 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. Plaintiff, The Bank Of New York Mellon fka The Bank Of New York, As Trustee For Certificate Holders Of CWABS Inc., Asset- Backed Certificates, Series 2007-5 By its Atto John P. Fal Korde & sociates, P.C. 5 Shaw’s Cove, Suite 201 New London, CT 06320 (860) 969-0400 (860) 756-8589 (fax) Juris No. 305404 24-044961 Complaint Page 6 of 7 CERTIFICATION OF FINANCIAL RESPONSIBILITY I hereby certify that I have personal knowledge of the financial responsibility of the df plaintiff and deem it sufficient to pay the costs of this action. John P. Paley, Esq. 24-044961 Complaint Page 7 of 7 RETURN DATE: APRIL 16, 2024 SUPERIOR COURT THE BANK OF NEW YORK MELLON FKA THE JUDICIAL DISTRICT OF BANK OF NEW YORK, AS TRUSTEE FOR MIDDLESEX CERTIFICATE HOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-5 AT MIDDLETOWN VS. March 15, 2024 MERION DEREN A/K/A MARION S DEREN 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, The Bank Of New York Mellon fka The Bank Of New York, As Trustee For Certificate Holders Of CWABS Inc., Asset- Backed Certificates, Series 2007- By its Attorne; John P. Fahéy, 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 RETURN DATE: APRIL 16, 2024 SUPERIOR COURT THE BANK OF NEW YORK MELLON FKA THE JUDICIAL DISTRICT OF BANK OF NEW YORK, AS TRUSTEE FOR MIDDLESEX CERTIFICATE HOLDERS OF CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-5 AT MIDDLETOWN VS. March 15, 2024 MERION DEREN A/K/A MARION S DEREN 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, The Bank Of New York Mellon fka The Bank Of New York, As Trustee For Certificate Holders Of CWABS Inc., Asset- Backed Certificates, Series 2007-5 By its Attorney, John P. Fahdy,/sq. —~ Korde & AsSociates, P.C. 5 Shaw’s Cove, Suite 201 New London, CT 06320 (860) 969-0400 (860) 756-8589 (fax) Juris No. 305404