On January 29, 2016 a
Order
was filed
involving a dispute between
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 I Llc, Asset Backed-Certificates, Series 2006-E,
and
Mortgage Electronic Registration Systems, Inc. As Nominee For Bravo Credit Corporation,
Tania D. Paige Moorer Tania Moorer,
for P00 - Property - Foreclosure
in the District Court of Fairfield County.
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ORDER 422396
DOCKET NO: FBTCV166061112S SUPERIOR COURT
U.S. BANK NATIONAL ASSOCIATION, JUDICIAL DISTRICT OF FAIRFIELD
AS TRUSTEE, SUCCES AT BRIDGEPORT
V.
MOORER, TANIA D. PAIGE, TANIA 4/7/2018
MOORER
ORDER
ORDER REGARDING:
12/11/2017 119.00 MOTION TO DISMISS PB 10-30
Plaintiff's counsel present; defendant Paige Moorer present
The foregoing, having been heard by the Court, is hereby:
ORDER: DENIED
Defendant Tania Paige Moorer (defendant) has filed this Motion to Dismiss on December 11, 2017
challenging the court's subject matter jurisdiction for alleged lack of standing. The plaintiff has filed its
Objection to Motion to Dismiss with exhibits. The court heard argument at the January 29, 2018 short
calendar.
The defendant has filed a Memorandum consisting almost entirely of several pages of cut and pasted
argument from a brief filed in the Superior Court of California in what appears to be a credit card
collection case. The brief fails to address the issue of this court's subject matter jurisdiction in this
foreclosure case under the law of Connecticut.
The plaintiff has submitted with its Objection copies of the Note and Mortgage signed by defendant on
October 17, 2005. The Note is payable to Bravo Credit Corporation and is endorsed to Encore Credit
Corporation and then endorsed in blank by Encore. The Mortgage is granted to MERS and was
thereafter assigned by MERS on April 17, 2013 to the plaintiff U.S. Bank National Association as
Trustee, etc. A copy of the assignment is attached to plaintiff's Objection. Plaintiff has also submitted a
copy of the Bailee Letter dated December 7, 2016 from plaintiff's loan servicer transmitting the original
Note and Mortgage to the Connecticut law firm which commenced this action by service of process on
December 9, 2016 with a return date of December 27, 2016. The documents establish a presumption that
plaintiff has standing to bring and maintain this action. Conn. Gen. Stat. Section 49-17; RMS
Residential Properties, LLC v. Miller, 303 Conn. 224 (2011). Defendant has submitted no evidence to
rebut that presumption of standing in the plaintiff.
The Motion to Dismiss is denied. The objection to Motion to Dismiss is sustained.
The California materials pasted by defendant into her Memorandum also make reference to an affidavit
of debt. Plaintiff has filed its Affidavit of Debt in this case on November 21, 2017. To the extent that
defendant may be challenging or objecting to that affidavit of debt, that would not go to this court's
subject matter jurisdiction. Any objection to the Affidavit of Debt can be taken up at the court hearing
when plaintiff moves for judgment of strict foreclosure.
mailed to appearing parties on 4/9/18
422396
Judge: ALFRED J JENNINGS
FBTCV166061112S 4/7/2018 Page 1 of 1
Document Filed Date
April 07, 2018
Case Filing Date
January 29, 2016
Category
P00 - Property - Foreclosure
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ORDER 422396 DOCKET NO: FBTCV166061112S SUPERIOR COURT U.S. BANK NATIONAL ASSOCIATION, JUDICIAL DISTRICT OF FAIRFIELD AS TRUSTEE, SUCCES AT BRIDGEPORT V. MOORER, TANIA D. PAIGE, TANIA 4/7/2018 MOORER ORDER ORDER REGARDING: 12/11/2017 119.00 MOTION TO DISMISS PB 10-30 Plaintiff's counsel present; defendant Paige Moorer present The foregoing, having been heard by the Court, is hereby: ORDER: DENIED Defendant Tania Paige Moorer (defendant) has filed this Motion to Dismiss on December 11, 2017 challenging the court's subject matter jurisdiction for alleged lack of standing. The plaintiff has filed its Objection to Motion to Dismiss with exhibits. The court heard argument at the January 29, 2018 short calendar. The defendant has filed a Memorandum consisting almost entirely of several pages of cut and pasted argument from a brief filed in the Superior Court of California in what appears to be a credit card collection case. The brief fails to address the issue of this court's subject matter jurisdiction in this foreclosure case under the law of Connecticut. The plaintiff has submitted with its Objection copies of the Note and Mortgage signed by defendant on October 17, 2005. The Note is payable to Bravo Credit Corporation and is endorsed to Encore Credit Corporation and then endorsed in blank by Encore. The Mortgage is granted to MERS and was thereafter assigned by MERS on April 17, 2013 to the plaintiff U.S. Bank National Association as Trustee, etc. A copy of the assignment is attached to plaintiff's Objection. Plaintiff has also submitted a copy of the Bailee Letter dated December 7, 2016 from plaintiff's loan servicer transmitting the original Note and Mortgage to the Connecticut law firm which commenced this action by service of process on December 9, 2016 with a return date of December 27, 2016. The documents establish a presumption that plaintiff has standing to bring and maintain this action. Conn. Gen. Stat. Section 49-17; RMS Residential Properties, LLC v. Miller, 303 Conn. 224 (2011). Defendant has submitted no evidence to rebut that presumption of standing in the plaintiff. The Motion to Dismiss is denied. The objection to Motion to Dismiss is sustained. The California materials pasted by defendant into her Memorandum also make reference to an affidavit of debt. Plaintiff has filed its Affidavit of Debt in this case on November 21, 2017. To the extent that defendant may be challenging or objecting to that affidavit of debt, that would not go to this court's subject matter jurisdiction. Any objection to the Affidavit of Debt can be taken up at the court hearing when plaintiff moves for judgment of strict foreclosure. mailed to appearing parties on 4/9/18 422396 Judge: ALFRED J JENNINGS FBTCV166061112S 4/7/2018 Page 1 of 1