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RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT
ONEWEST BANK, FSB : JUDICIAL DISTRICT OF
: LITCHFIELD
Vv. : AT LITCHFIELD
THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013
THE ESTATE OF DOROTHY M. SHELTON, ET AL.
APPLICATION FOR FIRST ORDER OF NOTICE
The plaintiff respectfully represents that the accompanying summons and complaint names, THE
WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON and all
unknown persons, claiming or who may claim, any rights, title, interest or estate in or lien or encumbrance
upon the property described in this Complaint, adverse to the Plaintiff, whether such claim or possible claim
can be vested or contingent, if not living as Defendants.
The identity and/or whereabouts of THE WIDOWER, HEIRS AND/OR CREDITORS OF THE
ESTATE OF DOROTHY M. SHELTON and all unknown persons, claiming or who may claim, any rights,
title, interest or estate in or lien or encumbrance upon the property described in this Complaint, adverse to the
Plaintiff, whether such claim or possible claim can be vested or contingent, and all reasonable efforts have
been made to ascertain the same and have failed.
WHEREFORE, the Plaintiff moves for an order directing that notice of the institution of this action
be given to each Defendant by publishing a copy of the Order following this application ina--FEHREEED
HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET e HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589Wa erbe- R op vbli can
CORNEY-TIMES 1 for the reason that the identity and/or whereabouts of THE WIDOWER, HEIRS AND/OR
CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON are unknown and all reasonable efforts have
been made to obtain same.
Plaintiff
vaPedreira
eston Street
Hartford, CT 06120
Its Attorneys
Juris No. 101589
860-808-0606
HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
60 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589ORDER
The foregoing Motion having been heard, it is hereby ORDERED:
BY THE COURT
Soeces, Secthek_fitc.
Clerk Tvecta edla kK
PURSUANT TO FEDERAL LAW, THIS LAW FIRM IS A DEBT COLLECTOR.
WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE
IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS
DEBT, THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT THE
DEBT AGAINST YOU PERSONALLY, BUT IS NOTICE OF A POSSIBLE
ENFORCEMENT OF THE LIEN AGAINST THE COLLATERAL PROPERTY.
HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT
ONEWEST BANK, FSB : JUDICIAL DISTRICT OF
: LITCHFIELD
Vv. : AT LITCHFIELD
THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013
THE ESTATE OF DOROTHY M. SHELTON, ET AL.
AFFIDAVIT OF FACTS
STATE OF CONNECTICUT :
: ss. Hartford © December 3, 2013
COUNTY OF HARTFORD :
I, Joan Dunican, of the City of Hartford, Connecticut being duly sworn, do hereby depose and say:
1.
2.
This affidavit is made on my own personal knowledge.
Jam over 18 years of age and competent to testify to the matters stated herein.
lam a Legal Assistant with the law firm of Hunt Leibert Jacobson, P.C., Plaintiff's counsel in
the above entitled action and as such, am familiar with the facts stated herein
On or about October 30, 2013, the Plaintiff was made aware that the Defendant, DOROTHY
M. SHELTON, had passed away.
In an attempt to confirm the validity of said facts, an internet database research service was
searched in an effort to confirm the date of death of the borrower DOROTHY M. SHELTON,
and determined that the death had occurred on April 24, 2013 in North Canaan, Connecticut.
The Plaintiff thereafter directed conducted a search of the Probate Court records of Litchfield
HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0806 @ JURIS NO. 101589Hills Probate District, serving the City of North Canaan, but was unable to locate the
existence of a probate estate.
7. An online search of the Connecticut Probate Court records was conducted, but no estate was
located. See Exhibit A for search results page.
The undersigned, having been duly swom, makes oath to the truth of the foregoing.
whe Legal Assistant
Joan Dunican
Date: 12/3/2013
Subscribed and swor to, before me, this
3 a
day of December 20 1 ¥
é M. Kni ferbocker
Notary Public/Commission of the Superior Court
My Commission Expires:
HUNT LEIBERT JACOBSON, P.C. # ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589- Connecticut Probate Courts - Case Lookup
Case Type
District Fier by District.
Status Both Open
Last Name Shelton
First Name [Dorothy
Reset Search
No matches were found for your search.
http://apps.ctprobate.gov/CaseLookup/
EXHIBIT A
Page | of 1
12/3/2013STATE OF CONNECTICUT
RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT
ONEWEST BANK, FSB : JUDICIAL DISTRICT OF
: LITCHFIELD
Vv. : AT LITCHFIELD
THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013
THE ESTATE OF DOROTHY M. SHELTON, ET AL.
NOTICE TO THE THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF
DOROTHY M. SHELTON AND ALL UNKNOWN PERSONS, CLAIMING OR WHO MAY CLAIM,
ANY RIGHTS, TITLE, INTEREST OR ESTATE IN OR LIEN OR ENCUMBRANCE UPON THE
PROPERTY DESCRIBED IN THIS COMPLAINT, ADVERSE TO THE PLAINTIFF, WHETHER
SUCH CLAIM OR POSSIBLE CLAIM BE VESTED OR CONTINGENT.
The Plaintiff has named as a Defendant, THE WIDOWER, HEIRS AND/OR CREDITORS OF THE
ESTATE OF DOROTHY M. SHELTON, and all unknown persons, claiming or who may claim, any rights,
title, interest or estate in or lien or encumbrance upon the property described in this Complaint, adverse to the
Plaintiff, whether such claim or possible claim can be vested or contingent, if not living, as a party
defendant(s) in the complaint which it is bringing to the above-named Court seeking a foreclosure of its
mortgage upon premises known as 56 GREENE AVENUE, NORTH CANAAN, CT 06018.
The Plaintiff has represented to the said Court, by means of an affidavit annexed to the Complaint,
that, despite all reasonable efforts to ascertain such information, it has been unable to determine the identity
and/or whereabouts of THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY
HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589M. SHELTON, and all unknown persons, claiming or who may claim, any rights, title, interest or estate in or
lien or encumbrance upon the property described in this Complaint, adverse to the Plaintiff, whether such
claim or possible claim can be vested or contingent, if not living.
Now, Therefore, it is hereby ORDERED that notice of the institution of this action be given to said
THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON and all
unknown persons, claiming or who may claim, any rights, title, interest or estate in or lien or encumbrance
upon the property described in this Complaint, adverse to the Plaintiff, whether such claim or possible claim
can be vested or contingent, by some proper officer causing a true and attested copy of this Order of Notice to
be published in the WwW ate- bey Re Pe vbhean once a week for 2.
successive weeks, commencing on or before, J any ory ( + > 2014 and that return of such service be
made to this Court.
BY THE COURT
we Lecce Snellady Te
‘Clerk
Trecia Kedlak
HUNT LEIBERT JACOBSON, P.C. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT
ONEWEST BANK, FSB : JUDICIAL DISTRICT OF
: LITCHFIELD
V. : AT LITCHFIELD
THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013
THE ESTATE OF DOROTHY M. SHELTON, ET AL.
COMPLAINT
1, The Plaintiff, ONEWEST BANK, FSB has an office and place of business with an address of 2900
Esperanza Crossing PO Box 85400 Austin, TX 78708.
2. By virtue of being HEIRS OF THE ESTATE OF DOROTHY M. SHELTON, the Defendant(s),
THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON,
became owners of real property situated in the Town of North Canaan, County of Litchfield and State of
Connecticut known as 56 GREENE AVENUE, NORTH CANAAN, CT 06018, (hereinafter the "Property")
being more particularly described in Schedule A attached hereto and made a part hereof.
3. On or about January 22, 2001, the Defendant(s), DOROTHY M. SHELTON (NOW DECEASED),
executed and delivered to UNITY MORTGAGE CORP., a Note (the "Note") for a loan not to exceed a
maximum principal amount of $184,500.00.
4. On said date to secure said Note the Defendant(s), DOROTHY M. SHELTON (NOW
DECEASED), did execute and deliver to UNITY MORTGAGE CORP., a Reverse Annuity Mortgage (the
“Mortgage”) on the Property. Said Mortgage was dated January 22, 2001 and recorded January 26, 2001 in
Volume 92 at Page 771 of the North Canaan Land Records. Said Mortgage was assigned to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FINANCIAL FREEDOM
291106
HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 JURIS NO. 101589ACQUISITION, LLC by virtue of an Assignment of Mortgage dated October 27, 2009 and recorded
November 16, 2009 in Volume 125 at Page 488 of the North Canaan Land Records. Said Mortgage was
assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
FINANCIAL FREEDOM ACQUISITION, LLC to ONEWEST BANK, FSB by virtue of an Assignment of
Mortgage recorded simultaneously with the Notice of Lis Pendens in the North Canaan Land Records. The
Plaintiff, ONEWEST BANK, FSB, is the holder of said Note and Mortgage.
5. The decedent-borrower, DOROTHY M. SHELTON, died on or about April 24, 2013.
6. Said Note is in default and the Plaintiff, ONEWEST BANK, FSB as the holder of said Mortgage
and Note has elected to accelerate the balance due on said Note, to declare said Note to be due in full and to
foreclose the Mortgage securing said Note.
7, The Defendant(s) has failed and neglected to cure the default. The Plaintiff has elected to
accelerate the balance due on said Note, to declare said Note to be due in full and to foreclose the Mortgage
securing said Note.
8. The following liens or encumbrances claim to have an interest in the Property which liens or
encumbrances are prior in right to the Mortgage herein:
a. The Town/City of North Canaan may claim an interest in the Property by virtue of inchoate
liens for real estate taxes.
9. The following liens or encumbrances claim to have an interest in the Property which liens or
encumbrances are subsequent in right to the Mortgage herein:
a. The Defendant(s), THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE
OF DOROTHY M. SHELTON claim an interest in the Property by virtue of being heirs-at-law to the
291106
HUNT LEIBERT JACOBSON, P.C. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ .JURIS NO. 101589decedent-borrower DOROTHY M. SHELTON.
b. The Defendant(s), STATE OF CONNECTICUT, DEPARTMENT OF REVENUE
SERVICES, claims an interest in the premises by virtue of an Inchoate Lien for succession taxes possibly due
from the Estate of DOROTHY M. SHELTON, who died an owner of said property.
c. The Defendant(s), SECRETARY OF HOUSING AND URBAN DEVELOPMENT claims
an interest in the Property by virtue of a Mortgage in the original principal sum of $184,500.00 dated January
22, 2001 and recorded January 26, 2001 in Volume 92 in Page 780 of the North Canaan Land Records.
10. The Defendant(s) THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF
DOROTHY M. SHELTON, are the owners of the equity of redemption of the Property by virtue of being
HEIRS OF THE ESTATE OF DOROTHY M. SHELTON and, on information and belief, are in possession
of the Property.
11. The Plaintiff, ONEWEST BANK, FSB, caused a Lis Pendens to be recorded on the Land Records
of the Town of North Canaan.
12. The Plaintiff, ONEWEST BANK, FSB, has further caused a notice to be given to the
Defendant(s), THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M.
SHELTON, of their rights pursuant to the Statutes pertaining to unemployment and underemployment by
annexing to this Writ, Summons and Complaint a copy of the notice provided for in said Statute.
291106
HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589WHEREFORE, the plaintiff claims:
Foreclosure of the Mortgage;
Foreclosure of Mortgage pursuant to Conn. Gen. Stat. Sec 49-17.
Possession of the Property;
A reasonable attorney's fee (unless same has been precluded by virtue of a Bankruptcy
filing);
Interest (unless same has been precluded by virtue of a Bankruptcy filing);
Costs of suit (unless same has been precluded by virtue of a Bankruptcy filing);
Such other and further relief as the Court may deem just and equitable.
AYNo
nay
Notice is hereby given to the Defendant(s) that the Plaintiff intends to seek satisfaction of any
judgment rendered in its favor in this action out of any debt accruing to said Defendant(s) by reason of their
personal services, (unless same has been precluded by virtue of a Bankruptcy filing).
Dated at Hartford, Connecticut on December 3, 2013.
Plaintiff
HUNT LEIBERT JACOBSON, PC, @ ATTORNEYS AT LAW
| 291106
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014
ONEWEST BANK, FSB
Vv.
THE WIDOWER, HEIRS AND/OR CREDITORS OF
THE ESTATE OF DOROTHY M. SHELTON, ET AL.
: SUPERIOR COURT
: JUDICIAL DISTRICT OF
: LITCHFIELD
: AT LITCHFIELD
: DECEMBER 3, 2013
INFORMATION RELATING TO "VALIDATION NOTICE"
This Writ, Summons and Complaint are legal documents used to commence a lawsuit with regards to the debt
referenced within them. You must follow the instructions provided therein should you wish to preserve your
interests in the suit, even if you dispute the validity or the amount of the debt. As lawyers, this office may file
papers in the suit according to the Statutes, Rules of Court and Standing Orders in Connecticut. The
"Validation Notice" which has been or will be sent to the borrower(s) ("consumers") in no way alters their
rights or obligations with respect to this lawsuit. If you are the borrower ("consumer"), and if you notify us
that the debt or any portion thereof is disputed, or if you request proof of the debt or the name and address of
the original creditor within the thirty (30) day time period of the validation notice, we will stop our collection
efforts including this foreclosure suit until we mail the requested information to you.
291106
HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT
ONEWEST BANK, FSB : JUDICIAL DISTRICT OF
: LITCHFIELD
Vv. : AT LITCHFIELD
THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013
THE ESTATE OF DOROTHY M. SHELTON, ET AL.
STATEMENT OF AMOUNT IN DEMAND
The amount, legal interest, or property in demand is not less than $15,000.00, exclusive of interest
and costs.
Plaintiff
unt Leibert Jacobson, P.C.
its Attorneys
291106
HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 © (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT
ONEWEST BANK, FSB : JUDICIAL DISTRICT OF
: LITCHFIELD
V. : AT LITCHFIELD
THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013
THE ESTATE OF DOROTHY M. SHELTON, ET AL.
NOTICE TO HOMEOWNER
If you are a homeowner, under the terms of Conn. Gen. Stat. Section 49-3 1d, et seq., you are hereby
given notice that under those statutes, if you are UNEMPLOYED or UNDER-EMPLOYED you may make
application to the Court to which this matter is returnable for relief from foreclosure. You may qualify for
relief under those statutes if:
NOTICE: A PERSON WHO IS UNDEREMPLOYED OR UNEMPLOYED 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 49-311, INCLUSIVE, OF THE
CONNECTICUT GENERAL STATUTES, YOU SHOULD CONSULT AN ATTORNEY TO
DETERMINE YOUR RIGHTS UNDER SECTIONS 49-31D TO 49-311, INCLUSIVE, OF THE
CONNECTICUT GENERAL STATUTES.
In order to qualify for relief under those statutes, you must make application for protection from
foreclosure within 25 DAYS of the return date.
291106
HUNT LEIBERT JACOBSON, P.C. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589291106
SCHEDULE A
AD that certain pteos of parce! af real extate, with all the apportenances belonging thera,
titusted lo Greenacres, in said Town of North Cansan, County of Litchfield aud State of Connecticut,
which parce! is the easterly portion of Lot 9 on a map entitled, “Greenacres, F, Raymood Greens, Canean,
Conperticut, Scake 1" + 200° ft, drawn by W.W. Canfield and dated Jane 20, 1932, which map is on file
‘with the Town Clerk of tho Town of North Canaan, in Votuens 2 of Mapa ns Map mumber $8, Said Loe fs
bounded and described xs follows:
Northerly Dy Lot 83 as chown on esid amnp, 130 feet, more o7 task,
Eanedly by Greens Avemne, so-called, 100 feet, mare of less,
Soxtherty ay Lat # 10 ax chown oa exid map, 125 fort, mary ress, and
Westesty by other land, now or foemerty of Gardan M. Casco and Bvetya F. Canton, -
100 fet core or iets,
HUNT LEIBERT JACOBSON, PC. © ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589
Preview
€ c RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT ONEWEST BANK, FSB : JUDICIAL DISTRICT OF : LITCHFIELD Vv. : AT LITCHFIELD THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013 THE ESTATE OF DOROTHY M. SHELTON, ET AL. APPLICATION FOR FIRST ORDER OF NOTICE The plaintiff respectfully represents that the accompanying summons and complaint names, THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON and all unknown persons, claiming or who may claim, any rights, title, interest or estate in or lien or encumbrance upon the property described in this Complaint, adverse to the Plaintiff, whether such claim or possible claim can be vested or contingent, if not living as Defendants. The identity and/or whereabouts of THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON and all unknown persons, claiming or who may claim, any rights, title, interest or estate in or lien or encumbrance upon the property described in this Complaint, adverse to the Plaintiff, whether such claim or possible claim can be vested or contingent, and all reasonable efforts have been made to ascertain the same and have failed. WHEREFORE, the Plaintiff moves for an order directing that notice of the institution of this action be given to each Defendant by publishing a copy of the Order following this application ina--FEHREEED HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW 50 WESTON STREET e HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589Wa erbe- R op vbli can CORNEY-TIMES 1 for the reason that the identity and/or whereabouts of THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON are unknown and all reasonable efforts have been made to obtain same. Plaintiff vaPedreira eston Street Hartford, CT 06120 Its Attorneys Juris No. 101589 860-808-0606 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW 60 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589ORDER The foregoing Motion having been heard, it is hereby ORDERED: BY THE COURT Soeces, Secthek_fitc. Clerk Tvecta edla kK PURSUANT TO FEDERAL LAW, THIS LAW FIRM IS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS COMMUNICATION IS NOT AN ATTEMPT TO COLLECT THE DEBT AGAINST YOU PERSONALLY, BUT IS NOTICE OF A POSSIBLE ENFORCEMENT OF THE LIEN AGAINST THE COLLATERAL PROPERTY. HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT ONEWEST BANK, FSB : JUDICIAL DISTRICT OF : LITCHFIELD Vv. : AT LITCHFIELD THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013 THE ESTATE OF DOROTHY M. SHELTON, ET AL. AFFIDAVIT OF FACTS STATE OF CONNECTICUT : : ss. Hartford © December 3, 2013 COUNTY OF HARTFORD : I, Joan Dunican, of the City of Hartford, Connecticut being duly sworn, do hereby depose and say: 1. 2. This affidavit is made on my own personal knowledge. Jam over 18 years of age and competent to testify to the matters stated herein. lam a Legal Assistant with the law firm of Hunt Leibert Jacobson, P.C., Plaintiff's counsel in the above entitled action and as such, am familiar with the facts stated herein On or about October 30, 2013, the Plaintiff was made aware that the Defendant, DOROTHY M. SHELTON, had passed away. In an attempt to confirm the validity of said facts, an internet database research service was searched in an effort to confirm the date of death of the borrower DOROTHY M. SHELTON, and determined that the death had occurred on April 24, 2013 in North Canaan, Connecticut. The Plaintiff thereafter directed conducted a search of the Probate Court records of Litchfield HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0806 @ JURIS NO. 101589Hills Probate District, serving the City of North Canaan, but was unable to locate the existence of a probate estate. 7. An online search of the Connecticut Probate Court records was conducted, but no estate was located. See Exhibit A for search results page. The undersigned, having been duly swom, makes oath to the truth of the foregoing. whe Legal Assistant Joan Dunican Date: 12/3/2013 Subscribed and swor to, before me, this 3 a day of December 20 1 ¥ é M. Kni ferbocker Notary Public/Commission of the Superior Court My Commission Expires: HUNT LEIBERT JACOBSON, P.C. # ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589- Connecticut Probate Courts - Case Lookup Case Type District Fier by District. Status Both Open Last Name Shelton First Name [Dorothy Reset Search No matches were found for your search. http://apps.ctprobate.gov/CaseLookup/ EXHIBIT A Page | of 1 12/3/2013STATE OF CONNECTICUT RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT ONEWEST BANK, FSB : JUDICIAL DISTRICT OF : LITCHFIELD Vv. : AT LITCHFIELD THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013 THE ESTATE OF DOROTHY M. SHELTON, ET AL. NOTICE TO THE THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON AND ALL UNKNOWN PERSONS, CLAIMING OR WHO MAY CLAIM, ANY RIGHTS, TITLE, INTEREST OR ESTATE IN OR LIEN OR ENCUMBRANCE UPON THE PROPERTY DESCRIBED IN THIS COMPLAINT, ADVERSE TO THE PLAINTIFF, WHETHER SUCH CLAIM OR POSSIBLE CLAIM BE VESTED OR CONTINGENT. The Plaintiff has named as a Defendant, THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON, and all unknown persons, claiming or who may claim, any rights, title, interest or estate in or lien or encumbrance upon the property described in this Complaint, adverse to the Plaintiff, whether such claim or possible claim can be vested or contingent, if not living, as a party defendant(s) in the complaint which it is bringing to the above-named Court seeking a foreclosure of its mortgage upon premises known as 56 GREENE AVENUE, NORTH CANAAN, CT 06018. The Plaintiff has represented to the said Court, by means of an affidavit annexed to the Complaint, that, despite all reasonable efforts to ascertain such information, it has been unable to determine the identity and/or whereabouts of THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589M. SHELTON, and all unknown persons, claiming or who may claim, any rights, title, interest or estate in or lien or encumbrance upon the property described in this Complaint, adverse to the Plaintiff, whether such claim or possible claim can be vested or contingent, if not living. Now, Therefore, it is hereby ORDERED that notice of the institution of this action be given to said THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON and all unknown persons, claiming or who may claim, any rights, title, interest or estate in or lien or encumbrance upon the property described in this Complaint, adverse to the Plaintiff, whether such claim or possible claim can be vested or contingent, by some proper officer causing a true and attested copy of this Order of Notice to be published in the WwW ate- bey Re Pe vbhean once a week for 2. successive weeks, commencing on or before, J any ory ( + > 2014 and that return of such service be made to this Court. BY THE COURT we Lecce Snellady Te ‘Clerk Trecia Kedlak HUNT LEIBERT JACOBSON, P.C. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT ONEWEST BANK, FSB : JUDICIAL DISTRICT OF : LITCHFIELD V. : AT LITCHFIELD THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013 THE ESTATE OF DOROTHY M. SHELTON, ET AL. COMPLAINT 1, The Plaintiff, ONEWEST BANK, FSB has an office and place of business with an address of 2900 Esperanza Crossing PO Box 85400 Austin, TX 78708. 2. By virtue of being HEIRS OF THE ESTATE OF DOROTHY M. SHELTON, the Defendant(s), THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON, became owners of real property situated in the Town of North Canaan, County of Litchfield and State of Connecticut known as 56 GREENE AVENUE, NORTH CANAAN, CT 06018, (hereinafter the "Property") being more particularly described in Schedule A attached hereto and made a part hereof. 3. On or about January 22, 2001, the Defendant(s), DOROTHY M. SHELTON (NOW DECEASED), executed and delivered to UNITY MORTGAGE CORP., a Note (the "Note") for a loan not to exceed a maximum principal amount of $184,500.00. 4. On said date to secure said Note the Defendant(s), DOROTHY M. SHELTON (NOW DECEASED), did execute and deliver to UNITY MORTGAGE CORP., a Reverse Annuity Mortgage (the “Mortgage”) on the Property. Said Mortgage was dated January 22, 2001 and recorded January 26, 2001 in Volume 92 at Page 771 of the North Canaan Land Records. Said Mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FINANCIAL FREEDOM 291106 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 JURIS NO. 101589ACQUISITION, LLC by virtue of an Assignment of Mortgage dated October 27, 2009 and recorded November 16, 2009 in Volume 125 at Page 488 of the North Canaan Land Records. Said Mortgage was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FINANCIAL FREEDOM ACQUISITION, LLC to ONEWEST BANK, FSB by virtue of an Assignment of Mortgage recorded simultaneously with the Notice of Lis Pendens in the North Canaan Land Records. The Plaintiff, ONEWEST BANK, FSB, is the holder of said Note and Mortgage. 5. The decedent-borrower, DOROTHY M. SHELTON, died on or about April 24, 2013. 6. Said Note is in default and the Plaintiff, ONEWEST BANK, FSB as the holder of said Mortgage and Note has elected to accelerate the balance due on said Note, to declare said Note to be due in full and to foreclose the Mortgage securing said Note. 7, The Defendant(s) has failed and neglected to cure the default. The Plaintiff has elected to accelerate the balance due on said Note, to declare said Note to be due in full and to foreclose the Mortgage securing said Note. 8. The following liens or encumbrances claim to have an interest in the Property which liens or encumbrances are prior in right to the Mortgage herein: a. The Town/City of North Canaan may claim an interest in the Property by virtue of inchoate liens for real estate taxes. 9. The following liens or encumbrances claim to have an interest in the Property which liens or encumbrances are subsequent in right to the Mortgage herein: a. The Defendant(s), THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON claim an interest in the Property by virtue of being heirs-at-law to the 291106 HUNT LEIBERT JACOBSON, P.C. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ .JURIS NO. 101589decedent-borrower DOROTHY M. SHELTON. b. The Defendant(s), STATE OF CONNECTICUT, DEPARTMENT OF REVENUE SERVICES, claims an interest in the premises by virtue of an Inchoate Lien for succession taxes possibly due from the Estate of DOROTHY M. SHELTON, who died an owner of said property. c. The Defendant(s), SECRETARY OF HOUSING AND URBAN DEVELOPMENT claims an interest in the Property by virtue of a Mortgage in the original principal sum of $184,500.00 dated January 22, 2001 and recorded January 26, 2001 in Volume 92 in Page 780 of the North Canaan Land Records. 10. The Defendant(s) THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON, are the owners of the equity of redemption of the Property by virtue of being HEIRS OF THE ESTATE OF DOROTHY M. SHELTON and, on information and belief, are in possession of the Property. 11. The Plaintiff, ONEWEST BANK, FSB, caused a Lis Pendens to be recorded on the Land Records of the Town of North Canaan. 12. The Plaintiff, ONEWEST BANK, FSB, has further caused a notice to be given to the Defendant(s), THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON, of their rights pursuant to the Statutes pertaining to unemployment and underemployment by annexing to this Writ, Summons and Complaint a copy of the notice provided for in said Statute. 291106 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589WHEREFORE, the plaintiff claims: Foreclosure of the Mortgage; Foreclosure of Mortgage pursuant to Conn. Gen. Stat. Sec 49-17. Possession of the Property; A reasonable attorney's fee (unless same has been precluded by virtue of a Bankruptcy filing); Interest (unless same has been precluded by virtue of a Bankruptcy filing); Costs of suit (unless same has been precluded by virtue of a Bankruptcy filing); Such other and further relief as the Court may deem just and equitable. AYNo nay Notice is hereby given to the Defendant(s) that the Plaintiff intends to seek satisfaction of any judgment rendered in its favor in this action out of any debt accruing to said Defendant(s) by reason of their personal services, (unless same has been precluded by virtue of a Bankruptcy filing). Dated at Hartford, Connecticut on December 3, 2013. Plaintiff HUNT LEIBERT JACOBSON, PC, @ ATTORNEYS AT LAW | 291106 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014 ONEWEST BANK, FSB Vv. THE WIDOWER, HEIRS AND/OR CREDITORS OF THE ESTATE OF DOROTHY M. SHELTON, ET AL. : SUPERIOR COURT : JUDICIAL DISTRICT OF : LITCHFIELD : AT LITCHFIELD : DECEMBER 3, 2013 INFORMATION RELATING TO "VALIDATION NOTICE" This Writ, Summons and Complaint are legal documents used to commence a lawsuit with regards to the debt referenced within them. You must follow the instructions provided therein should you wish to preserve your interests in the suit, even if you dispute the validity or the amount of the debt. As lawyers, this office may file papers in the suit according to the Statutes, Rules of Court and Standing Orders in Connecticut. The "Validation Notice" which has been or will be sent to the borrower(s) ("consumers") in no way alters their rights or obligations with respect to this lawsuit. If you are the borrower ("consumer"), and if you notify us that the debt or any portion thereof is disputed, or if you request proof of the debt or the name and address of the original creditor within the thirty (30) day time period of the validation notice, we will stop our collection efforts including this foreclosure suit until we mail the requested information to you. 291106 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT ONEWEST BANK, FSB : JUDICIAL DISTRICT OF : LITCHFIELD Vv. : AT LITCHFIELD THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013 THE ESTATE OF DOROTHY M. SHELTON, ET AL. STATEMENT OF AMOUNT IN DEMAND The amount, legal interest, or property in demand is not less than $15,000.00, exclusive of interest and costs. Plaintiff unt Leibert Jacobson, P.C. its Attorneys 291106 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 © (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 28, 2014 : SUPERIOR COURT ONEWEST BANK, FSB : JUDICIAL DISTRICT OF : LITCHFIELD V. : AT LITCHFIELD THE WIDOWER, HEIRS AND/OR CREDITORS OF : DECEMBER 3, 2013 THE ESTATE OF DOROTHY M. SHELTON, ET AL. NOTICE TO HOMEOWNER If you are a homeowner, under the terms of Conn. Gen. Stat. Section 49-3 1d, et seq., you are hereby given notice that under those statutes, if you are UNEMPLOYED or UNDER-EMPLOYED you may make application to the Court to which this matter is returnable for relief from foreclosure. You may qualify for relief under those statutes if: NOTICE: A PERSON WHO IS UNDEREMPLOYED OR UNEMPLOYED 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 49-311, INCLUSIVE, OF THE CONNECTICUT GENERAL STATUTES, YOU SHOULD CONSULT AN ATTORNEY TO DETERMINE YOUR RIGHTS UNDER SECTIONS 49-31D TO 49-311, INCLUSIVE, OF THE CONNECTICUT GENERAL STATUTES. In order to qualify for relief under those statutes, you must make application for protection from foreclosure within 25 DAYS of the return date. 291106 HUNT LEIBERT JACOBSON, P.C. @ ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589291106 SCHEDULE A AD that certain pteos of parce! af real extate, with all the apportenances belonging thera, titusted lo Greenacres, in said Town of North Cansan, County of Litchfield aud State of Connecticut, which parce! is the easterly portion of Lot 9 on a map entitled, “Greenacres, F, Raymood Greens, Canean, Conperticut, Scake 1" + 200° ft, drawn by W.W. Canfield and dated Jane 20, 1932, which map is on file ‘with the Town Clerk of tho Town of North Canaan, in Votuens 2 of Mapa ns Map mumber $8, Said Loe fs bounded and described xs follows: Northerly Dy Lot 83 as chown on esid amnp, 130 feet, more o7 task, Eanedly by Greens Avemne, so-called, 100 feet, mare of less, Soxtherty ay Lat # 10 ax chown oa exid map, 125 fort, mary ress, and Westesty by other land, now or foemerty of Gardan M. Casco and Bvetya F. Canton, - 100 fet core or iets, HUNT LEIBERT JACOBSON, PC. © ATTORNEYS AT LAW 50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589