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RETURN DATE: SEPTEMBER 27,2016. =: += SUPERIOR COURT
U.S. BANK, N.A., SUCCESSOR : J.D. OF LITCHFIELD
TRUSTEE TO LASALLE BANK
NATIONAL ASSOCIATION, ON
BEHALF OF THE HOLDERS OF BEAR
STEARNS ASSET BACKED SECURITIES
I TRUST 2007-HE3, ASSET-BACKED
CERTIFICATES SERIES 2007-HE3
VS. : AT LITCHFIELD
CARROLL, DAVID J. , ET AL : SEP O01 2016
COMPLAINT
1, On January 26, 2007, David J. Carroll owed Encore Credit Corp. $476,000.00,
as evidenced by a promissory note for said sum dated on said date, and payable to the order of
Encore Credit Corp. with interest from said date, in monthly installments of principal and
interest.
2. On said date, by a deed of that date, said David J. Carroll and Mia Carroll (now
deceased), to secure said note, mortgaged to Mortgage Electronic Registration Systems, Inc., as
nominee for Encore Credit Corp. the premises known as 9 Woodcrest Lane, (Lakeville)
Salisbury, Connecticut, and described in Exhibit A attached hereto and made a part hereof.
3. Said mortgage deed was recorded on the (Lakeville) Salisbury Land Records on
February 13, 2007 in Volume 214 at Page 239.
BENDETT@ McHUGH
160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JuRIS No. 1028924. Mortgage Electronic Registration Systems, Inc., as nominee for Encore Credit
Corp. assigned said mortgage to U.S. Bank National Association, as Trustee, Successor in
interest to Bank of America, National Association as Trustee as Successor by merger to LaSalle
Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed
Securities | LLC, Asset-Backed Certificates, Series 2007-HE3 by an assignment dated April 4,
2013 and recorded April 16, 2013 in Volume 239 at Page 567 of the (Lakeville) Salisbury Land
Records.
5. Mia Carroll a/k/a Mia Michaux Carroll died on January 27, 2016 as evidenced
by an Obituary published in the Spartanburg Herald-Journal from February 14, 2016 to
February 15, 2016.
6. The Plaintiff, directly or through an agent, has possession of original of the
promissory note. The promissory note has been duly endorsed. Plaintiff has the right to
foreclose the note and mortgage.
7. On or before November 14, 2012, 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
$464,636.03, plus interest from March 1, 2009 and late charges and collection costs that have
not been paid although due and payable.
BENDETT@ McHUGH
160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JuRIS No. 1028928. Said note and mortgage are now in default by virtue of nonpayment of the
monthly installments of principal and interest due on April 1, 2009 and each and every month
thereafter, and the Plaintiff has exercised its option to declare the entire balance of said note
due and payable.
9. The following encumbrances of record upon the property sought to be
foreclosed are prior in right to the Plaintiff's mortgage and are not affected by this action:
(a) Any taxes, due the Town of (Lakeville) Salisbury that remain
outstanding and properly perfected as of the date hereof pursuant to applicable law.
10. | On the aforementioned piece of property, the following interests are claimed
which are subsequent to Plaintiff's said mortgage:
(a) The Defendant, David J. Carroll, Administrator of the Estate of Mia
Carroll may claim an interest in said premises solely in his capacity of being name the
Administrator of the Estate of Mia Carroll.
(b) The Defendants, David J. Carroll and Candice C. Ray may claim an
interest in said premises by virtue of being the Heirs and/or Beneficiaries of the Estate of Mia
Carroll.
(c) The Defendant, Carver Federal Savings Bank may claim an interest in
said premises by virtue of a mortgage in the original principal amount of $109,427.00 dated
BENDETT@ McHUGH
160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JuRIS No. 102892May 2, 2007 and recorded on May 10, 2007 in Volume 215, page 220 of the (Lakeville)
Salisbury Land Records.
(d) The Defendant, Donna D. Vincenti may claim an interest in said
premises by virtue of a Judgment Lien in the amount of $2,571.44 damages and costs of suit
dated February 4, 2010 and recorded on February 10, 2010 in Volume 227, page 172 of the
(Lakeville) Salisbury Land Records.
(d) The Defendant, Carver Federal Savings Bank may claim an interest in
said premises by virtue of a Lis Pendens dated September 16, 2010 and recorded on September
20, 2010 in Volume 229, page 332of the (Lakeville) Salisbury Land Records.
(e) The Defendant, Ackerly Brown LLP may claim an interest in said
premises by virtue of a Judgment Lien in the amount of $5,206.60 dated August 27, 2014 and
recorded on August 29, 2014 in Volume 243, page 792 of the (Lakeville) Salisbury Land
Records.
(f) The Defendant, State of Connecticut, Department of Revenue Services
may claim an interest in said premises by virtue of an Inchoate Lien for Succession Taxes,
Inheritance Taxes and/or Gift Taxes which may be due from the Estate of Mia Carroll.
(g) The Defendant, State of Connecticut, Office of the Probate Court
Administrator may claim an interest a Lien for Probate Fees due Probate District PD24
BENDETT@ McHUGH
160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JuRIS No. 102892(Litchfield Hills Probate Court) on the Estate of Mia Carroll a/k/a Mia Michaux Carroll.
11. Upon information and belief, the Defendants. David J. Carroll and Candice C.
Ray are the owners of record and in possession of said premises.
BENDETT@ McHUGH
160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JURIS No. 102892WHEREFORE, The Plaintiff claims:
1. A foreclosure of said mortgage.
2. Immediate possession of the mortgaged premises.
3. 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.
4. The appointment of a receiver to collect rents and profits accruing from the premises.
5. Reasonable attorney's fees and costs.
6 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 49-311 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.
BENDETT@ McHUGH
160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JURIS No. 102892This action is within jurisdiction of the Superior Court.
Dated at Farmington, Connecticut, SEP 01 2018 :
THE PLAINTIFF,
U.S, BANK, N.A., SUCCESSOR TRUSTEE TO
LASALLE BANK NATIONAL ASSOCIATION,
ON BEHALF OF THE HOLDERS OF BEAR
STEARNS ASSET BACKED SECURITIES I
TRUST 2007-HE3, ASSET-BACKED
CERTIFICATES SERIES 2007-HE3
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ow w/) RETURN DATE: SEPTEMBER 27,2016. =: += SUPERIOR COURT U.S. BANK, N.A., SUCCESSOR : J.D. OF LITCHFIELD TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2007-HE3, ASSET-BACKED CERTIFICATES SERIES 2007-HE3 VS. : AT LITCHFIELD CARROLL, DAVID J. , ET AL : SEP O01 2016 COMPLAINT 1, On January 26, 2007, David J. Carroll owed Encore Credit Corp. $476,000.00, as evidenced by a promissory note for said sum dated on said date, and payable to the order of Encore Credit Corp. with interest from said date, in monthly installments of principal and interest. 2. On said date, by a deed of that date, said David J. Carroll and Mia Carroll (now deceased), to secure said note, mortgaged to Mortgage Electronic Registration Systems, Inc., as nominee for Encore Credit Corp. the premises known as 9 Woodcrest Lane, (Lakeville) Salisbury, Connecticut, and described in Exhibit A attached hereto and made a part hereof. 3. Said mortgage deed was recorded on the (Lakeville) Salisbury Land Records on February 13, 2007 in Volume 214 at Page 239. BENDETT@ McHUGH 160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JuRIS No. 1028924. Mortgage Electronic Registration Systems, Inc., as nominee for Encore Credit Corp. assigned said mortgage to U.S. Bank National Association, as Trustee, Successor in interest to Bank of America, National Association as Trustee as Successor by merger to LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities | LLC, Asset-Backed Certificates, Series 2007-HE3 by an assignment dated April 4, 2013 and recorded April 16, 2013 in Volume 239 at Page 567 of the (Lakeville) Salisbury Land Records. 5. Mia Carroll a/k/a Mia Michaux Carroll died on January 27, 2016 as evidenced by an Obituary published in the Spartanburg Herald-Journal from February 14, 2016 to February 15, 2016. 6. The Plaintiff, directly or through an agent, has possession of original of the promissory note. The promissory note has been duly endorsed. Plaintiff has the right to foreclose the note and mortgage. 7. On or before November 14, 2012, 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 $464,636.03, plus interest from March 1, 2009 and late charges and collection costs that have not been paid although due and payable. BENDETT@ McHUGH 160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JuRIS No. 1028928. Said note and mortgage are now in default by virtue of nonpayment of the monthly installments of principal and interest due on April 1, 2009 and each and every month thereafter, and the Plaintiff has exercised its option to declare the entire balance of said note due and payable. 9. The following encumbrances of record upon the property sought to be foreclosed are prior in right to the Plaintiff's mortgage and are not affected by this action: (a) Any taxes, due the Town of (Lakeville) Salisbury that remain outstanding and properly perfected as of the date hereof pursuant to applicable law. 10. | On the aforementioned piece of property, the following interests are claimed which are subsequent to Plaintiff's said mortgage: (a) The Defendant, David J. Carroll, Administrator of the Estate of Mia Carroll may claim an interest in said premises solely in his capacity of being name the Administrator of the Estate of Mia Carroll. (b) The Defendants, David J. Carroll and Candice C. Ray may claim an interest in said premises by virtue of being the Heirs and/or Beneficiaries of the Estate of Mia Carroll. (c) The Defendant, Carver Federal Savings Bank may claim an interest in said premises by virtue of a mortgage in the original principal amount of $109,427.00 dated BENDETT@ McHUGH 160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JuRIS No. 102892May 2, 2007 and recorded on May 10, 2007 in Volume 215, page 220 of the (Lakeville) Salisbury Land Records. (d) The Defendant, Donna D. Vincenti may claim an interest in said premises by virtue of a Judgment Lien in the amount of $2,571.44 damages and costs of suit dated February 4, 2010 and recorded on February 10, 2010 in Volume 227, page 172 of the (Lakeville) Salisbury Land Records. (d) The Defendant, Carver Federal Savings Bank may claim an interest in said premises by virtue of a Lis Pendens dated September 16, 2010 and recorded on September 20, 2010 in Volume 229, page 332of the (Lakeville) Salisbury Land Records. (e) The Defendant, Ackerly Brown LLP may claim an interest in said premises by virtue of a Judgment Lien in the amount of $5,206.60 dated August 27, 2014 and recorded on August 29, 2014 in Volume 243, page 792 of the (Lakeville) Salisbury Land Records. (f) The Defendant, State of Connecticut, Department of Revenue Services may claim an interest in said premises by virtue of an Inchoate Lien for Succession Taxes, Inheritance Taxes and/or Gift Taxes which may be due from the Estate of Mia Carroll. (g) The Defendant, State of Connecticut, Office of the Probate Court Administrator may claim an interest a Lien for Probate Fees due Probate District PD24 BENDETT@ McHUGH 160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JuRIS No. 102892(Litchfield Hills Probate Court) on the Estate of Mia Carroll a/k/a Mia Michaux Carroll. 11. Upon information and belief, the Defendants. David J. Carroll and Candice C. Ray are the owners of record and in possession of said premises. BENDETT@ McHUGH 160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JURIS No. 102892WHEREFORE, The Plaintiff claims: 1. A foreclosure of said mortgage. 2. Immediate possession of the mortgaged premises. 3. 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. 4. The appointment of a receiver to collect rents and profits accruing from the premises. 5. Reasonable attorney's fees and costs. 6 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 49-311 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. BENDETT@ McHUGH 160 FARMINGTON AVENUE * FARMINGTON, CT 06032 * (860) 677-2868 * JURIS No. 102892This action is within jurisdiction of the Superior Court. Dated at Farmington, Connecticut, SEP 01 2018 : THE PLAINTIFF, U.S, BANK, N.A., SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2007-HE3, ASSET-BACKED CERTIFICATES SERIES 2007-HE3 py