On February 23, 2021 a
Request,Application
was filed
involving a dispute between
Jason Penna,
and
Angelo G. Tranquillo,
Mortgage Electronic Registration Systems, Inc. As Nominee For Homebridge Financial Services, Inc.,
for P10 - Property - Partition
in the District Court of New Haven County.
Preview
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IJ DOCKET NO: AAN- CV 21 -6041868-5 SUPERIOR COURT
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JASON PENNA J.D. OF ANSONIA
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VS AT MILFORD
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TRANQUILLO, ANGELO G., ET AL March 71,2021
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F DEFENDANT'S REOUEST TO REVISE COMPLAINT
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a.l Mortgage Electronic Registration Systems, Inc. As Nominee for Homebridge Financial
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Services, Inc. ("MERS" and the "Defendant") hereby requests, pursuant to Practice Book $$ 10-
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F 35 et seq., that Angelo G. Tranquillo (the "Plaintiff') revise his Complaint dated February 11,
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2021 in the following respects:
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I. Portion of Pleadine Soueht to be Revised:
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tr Count T,Paragraph16
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Requested Revision:
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a) Plaintiff should revise the above referenced paragraph in his Complaint by
a)
s) providing a more complete statement regarding Defendant's MERS mortgage
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b0 priority. The paragraph should also be revised explaining how Defendant MERS
(s
Irr
is not irnpacted by the instant allegations.
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I Reasons for Requested Rerris.ian:
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bo Section l0-35 of the Practice Book provides "[w]henever any party desires to
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z NOTICE: THE LAW FIRM OF BENDETT & MCHUGH, P.C. IS A DEBT
d COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION
€0) WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
() RECEIVED A DISCHARGE IN BANKRUPTCY WHICH DISCHARGED THIS DEBT,
cq
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.
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J obtain (1) a more complete or particular statement of the allegations of an adverse party's
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(n pleading... the party desiring any such amendment in an adverse party's pleading may file
TQ
v) a timely request to revise that pleading." Practice Book $ 10-1 requires that: "[e]ach
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pleading shall contain a plain and concise statement of the material facts on which the
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a-t In Count T,Paragraph 16, Plaintiff states that MERS is being made party to the
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proceedings by virtue of its security interest recorded against the Properly in Volume 519
i
fr.l
F- at Page 785 of the Seymour Land Records. Plaintiff simply alleges in his Complaint that
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Defendant holds a mortgage on the subject property, however, Plaintiff does not indicate
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o that the Mortgage is prior in right to any and all interest(s) held by all parties to this
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F action. Indeed, the priority of Defendant's mortgage is a material fact to this partition
*a$
v-) action. "The law relating to the priority of interests has its roots in early Connecticut
()
o jurisprudence. A fundamental principle is that a rnortgage that is recorded first is entitled
()
o to priority over subsequently recorded mortgages provided that every grantee has a
o Deutsche Bank Nat. Trust Co. v. Belizaire,
b0 reasonable time to get his deed recorded."
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Superior Court, judicial district of Stamford-Norwalk, Docket No. FSTCV065002704S,
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i (July 13,2071) at *38; citing, Independence One Mortgage Corp. v. Katsaros,43
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o.
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b0 Conn.App. 71,73,681 A.2d 1005 (1996). Therefore, Defendant requests that Plaintiff
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z amend paragraph 16 of count 1 of the Complaint to rnore particularly allege the priority
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'o of Defendant's mortgage on the property subject to this action.
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J Objection:
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w Dziedzic, Esq.
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a I hereby certify that a copy of the above was mailed or electronically delivered on March
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delivery was received from all counsel and pro se parties of record who were electronically
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\o GOLDMAN GRUDER & WOODS LLC
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105 TECHNOLOGY DRIVE
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F TRUMBULL, CT 06611
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Document Filed Date
March 11, 2021
Case Filing Date
February 23, 2021
Category
P10 - Property - Partition
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t- ,"] IJ DOCKET NO: AAN- CV 21 -6041868-5 SUPERIOR COURT F U) t:. JASON PENNA J.D. OF ANSONIA rJ] U) VS AT MILFORD lr) Fl TRANQUILLO, ANGELO G., ET AL March 71,2021 F H H F DEFENDANT'S REOUEST TO REVISE COMPLAINT @ \o m a.l Mortgage Electronic Registration Systems, Inc. As Nominee for Homebridge Financial Ir- r-- ca Services, Inc. ("MERS" and the "Defendant") hereby requests, pursuant to Practice Book $$ 10- J F 35 et seq., that Angelo G. Tranquillo (the "Plaintiff') revise his Complaint dated February 11, a.t a.) 2021 in the following respects: F Q I. Portion of Pleadine Soueht to be Revised: b0 tr tr Count T,Paragraph16 CB t& Requested Revision: () a) Plaintiff should revise the above referenced paragraph in his Complaint by a) s) providing a more complete statement regarding Defendant's MERS mortgage I b0 priority. The paragraph should also be revised explaining how Defendant MERS (s Irr is not irnpacted by the instant allegations. F* 6l I Reasons for Requested Rerris.ian: U AJ bo Section l0-35 of the Practice Book provides "[w]henever any party desires to o 'fr z NOTICE: THE LAW FIRM OF BENDETT & MCHUGH, P.C. IS A DEBT d COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION €0) WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY () RECEIVED A DISCHARGE IN BANKRUPTCY WHICH DISCHARGED THIS DEBT, cq 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. t-r J obtain (1) a more complete or particular statement of the allegations of an adverse party's H F (n pleading... the party desiring any such amendment in an adverse party's pleading may file TQ v) a timely request to revise that pleading." Practice Book $ 10-1 requires that: "[e]ach tq F-l Oi pleading shall contain a plain and concise statement of the material facts on which the t H ! F pleader relies." € \o € a-t In Count T,Paragraph 16, Plaintiff states that MERS is being made party to the tr- a-. \o c> \o oo proceedings by virtue of its security interest recorded against the Properly in Volume 519 i fr.l F- at Page 785 of the Seymour Land Records. Plaintiff simply alleges in his Complaint that ct ct \o Defendant holds a mortgage on the subject property, however, Plaintiff does not indicate tr () o that the Mortgage is prior in right to any and all interest(s) held by all parties to this bo tt F action. Indeed, the priority of Defendant's mortgage is a material fact to this partition *a$ v-) action. "The law relating to the priority of interests has its roots in early Connecticut () o jurisprudence. A fundamental principle is that a rnortgage that is recorded first is entitled () o to priority over subsequently recorded mortgages provided that every grantee has a o Deutsche Bank Nat. Trust Co. v. Belizaire, b0 reasonable time to get his deed recorded." (€ iri Superior Court, judicial district of Stamford-Norwalk, Docket No. FSTCV065002704S, r- (\ i (July 13,2071) at *38; citing, Independence One Mortgage Corp. v. Katsaros,43 a o. .q b0 Conn.App. 71,73,681 A.2d 1005 (1996). Therefore, Defendant requests that Plaintiff o z amend paragraph 16 of count 1 of the Complaint to rnore particularly allege the priority € C) 'o of Defendant's mortgage on the property subject to this action. C) o r J Objection: ! F tl) ta U) ri F] !- IJ ts F @ \o oo cn f'- t.. \o \o @ ,t t! F- c.t e \o F U o b0 tr F (s f.& 0.) o B C) g w Dziedzic, Esq. o B & McHugh, P.C. I Attomeys o oo tr F ad irr r-- (\ qI o. b0 Nlr o z d 0) C) m F- J CERTIFICATION H F a I hereby certify that a copy of the above was mailed or electronically delivered on March & i! ra v) (Ll ll,202I to all counsel and pro se parties of record and that written consent for electronic F] n{ delivery was received from all counsel and pro se parties of record who were electronically F* n tr F served, as follows: @ \o oo alI c- F. \o GOLDMAN GRUDER & WOODS LLC \o oo 105 TECHNOLOGY DRIVE F] 2ND FLOOR F.1 F TRUMBULL, CT 06611 c{ c?) \o F U o bo c li tr (6 t\ William Dnedzic |ri Commissioner of the Superior Court c) o () t d o) tr o b0 cl F (t trr F- cl (J o; b0 o d () .o () d