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DOCKET NO: LLI-CV-16-6014382-S SUPERIOR COURT
DEUTSCHE BANK TRUST J.D. OF LITCHFIELD
COMPANY AMERICAS AS TRUSTEE
RALI 2006-QS16
VS AT LITCHFIELD
PECK, CIARA V., ET AL DEC 09 2016
MOTION FOR JUDGMENT OF STRICT FORECLOSURE AND
FINDING OF ENTITLEMENT TO POSSESSION
The Plaintiff hereby moves that a Judgment of Strict Foreclosure be entered in the above-
captioned matter and that the court make a finding that the Plaintiff is entitled to possession of
the subject premises upon title to the subject premises vesting in Plaintiff.
THE P,
e
By. ag vi
Bendett & BA, P.C
Its Attor
NOTICE: THE LAW FIRM OF BENDETT & MCHUGH, P.C. IS A DEBT
COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION
WE OBFAIN 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.
ORAL ARGUMENT IS REQUESTED
TESTIMONY IS NOT REQUIRED
BENDETT& McHUGH
160 FARMINGTON AVENUE * FARMINGTON, CT 06032 (860) 677-2868 © Juris No. 102892
40 FannieMae LE. Sepso Appraisal Assocites 2016-035824
Desktop Underwriter Quantitative Analysis Appraisal Report File No. 378GFC-20164478/AR
THIS SUMMARY APPRAISAL REPORT IS INTENDED FOR USE BY THE LENDER/CLIENT FOR A MORTGAGE FINANCE TRANSACTION ONLY,
Progorty Addeess 10 Slaughter House Rd Lily WashingtoniNew Preston Sale CT Zp toe, O77
Lgl Deseripvon Volume 149/ Pane 267 County _Litzhfield
Assessea's Parcel No Map 42-24 TaxYeat Currant RE Tas$ 3,699.53 Special Assescmenls§ N/A
Brower NIA. Gurren Owner Peck, Ciara alia Scott, Ciara Oceunart Bx own Tenant Vacant
Ed Neighborhoed os Project Narie law Preston Prowl Type [1 up £11 ondoninium HOAS 0.00 Mo.
Sales Price $ N/A Date of Sale WA DDesenntion/ § amourt ol loan charges/concessions io he nad by seier N/A
Propariy nigh appraised TX fee Sinole P| Ceaseroia [ Map Raterence PMSA 1930 Census Tract_267 1.00
Note: Race and the racial cormposition ol the neighborhood arenot eppraiseifactays.
Lecation Lieven Dl suburban [_jurai Fropery valves ) ineressing 3 seapie [_] Dectning Sito ig ‘Condoniun Routing
Ey Bult us Unbelance [X) Over supply
GE RICE si apple AGE
Fa lover 76% Dé]2575% [funder 25% Bemanaisuprty [_] shovtage ga ts
Ef Srowth ite [Pepi DR} stable [Eston barking time {under 3 mos, 2.8 mus, | Over 6 os. 400_ Low 4 NYA. Low NIA
Neighbornosd boundaries The Neighborhoo: isbounded on the North by the Town of Warren 2,750 Hig 280_| NA Hoh NIA
on the Eastby She: y.Rd,on the Wes! by the Town of Kent, and on the South bythe Town of Roxbury. Predominant edorsinant
360 NIA NIA
‘Dimensions See Attached Leaal ‘Sie area (09 Acres ‘Shape Mostly Rectangular
‘Speci 2oring clasiiostion and description Zon: Residentist 1 Acre / Min, Lot Size
Zoning comatiance DX] icq —[] Legal nonconforming (Grendfettned use) {_ alegal, ataei desenption | No zoring
a Highas ari ot use of suc raga as anpnaved (ras groper pans and specications Ol Presemtuse {| Giher use, attack description,
weilifes Pubic Other Pubic ‘ier ‘if-ste improvements Type Fa Prvate
Electicty x Weer F Well Steet oO 6
Ges Fl Electric Heat Saritay sewer Septic Ae
‘ce there any apparent verse site conditions (easements, eneroachments, peca| assessments, side azas,ot.)? Eves bX No os, altach descrip,
‘Source(s) used for physical characteristics of property {| ineriar ara extertor inspection DX! Exterior inspection trom steet [| Feevious appraisal fies
Pa Mis [X] Assessment and tax recards | Prior inspestion {Property owner 1 | oiner (eserive)
No.of Stoves 1 Type (DeUAtty Del Exterior Was Wood, Figal Sutzce_ Asphalt Shingle anvfactured Housing [| Yos Bx to
‘Boas tha property ganerlly confor o te ieighoiood in 1am of stile, condtien and construction mi rials? Yes [Tito —tthio, attach description.
Fe re thave any apparent pyc deficiencies of Conditions that would fect the soundness or stuctualiniegity of the improvements or the liveblity of she propery?
Es [| ¥es, wo. HLYes, ath desoristion
‘oe there any apparent vers envionment concins (hazards Wastes, ie substances, ote) grescm inthe improvemert, on these rine mune iy f
the subject property? Ove: [XX No it Yes, atach description,
[researched the subj market area for comparabe Ustigs and sales hat ee the most sila and poxkmate wo ie subject propa.
ay research reveled a tl of 6 sales ranging in sales prive from § 280,000 WS - 280, 0
My research revealed a toa! of 6 flags ranging inst pice om § 259,900 ws 389,900
‘The analysis ofthe compare scles balow roles marist reacion to sigan v ins hotwecn the sales and te subject property.
FEATURE T RECT SALES SALE? TALES
16 Slaughter House Ro 49 Revere Rd 88 Horse Heaven Ro 46 Wilbur Re
Address. Was Washinglon Washington Washington
Proximity wo Subject Eeee 4.98, SE 4.92 miles 3.10 miles NE
Sales Price NA Sees 000. ee 8 9,004 ES $ 365,000
PricelSross Living vez t]s 198.58) zataait| 306.725)
Data &Vesicaton Sowces V234/P 1053 Extinsp/PubRes ¥234/P 1106 Extinso/PubRec \V235/P 154 Extinsp/@ubRec
‘VALUE ADIUSTMENTS DESORPTION DESCRIPTION 4 us. DESCRIPTION I [JE Ads! ‘DESORIFTION +[e}8 Ast
Sales or Financing None Disclosed None Disclosed None Disclosed
Concessions a -
Date of Satine 3212046 SA8I2016 BiI2016
Location Average. Averaoe. Average Average
Site 3.09 Acres 1:37 Acres. 48,600 | 3.09 Acres 4.26 Acres 49,200
Mew, Average Ayerace Average. ‘Average
Design Sie} Ranch Colonial Raneh Colonial
Fa ‘Actual Ae (Y,) Year Built 1970 Year Built 1978 Year Built 1969 Year Built 1840 +10,000
Condon Average Average Averane. AvalUpdale!RE -$,000)
a Above Grade Tolal {Edimsi_ Baths Tolal Bis! Baths Total: Bdems! Baths 5 “otal Birms: Bas
‘toorn Count 5 2 t 2 2 3 24 “6.0100 6 3 2 “3,000 2 2 2
Fs ‘ress Living Arca 4.48084. F1 1,884 89,8, -8,100 1,340 $4, FL 42,800, 4,190 So. F 45,801
‘Bastaneit & Finished Full Basement Full Basement Full Basement Full Basement
I Rooms Below Grade None None, None. None
GarageCrpurt 2.Car DelfLoll 2 Car Att 2,000 2 Car As $2,000, 1. Car Detached 44,009
a Amenities WOFP, WOIFP. wore 2FPAGPoalPatio 8,000.
and Values 150,000 2OM.6. 6 DOM. 104 DOM 302
Nel Ad total Cle X a's 73,800 [D+ Ct 4,800 18,000]
‘Agjsted Sales Price Nee C6.
of Comparables 291,500. Goss 25.8 241,800. i, 380,000:
Date of Prior Sale None Win 3 yrs None Within Past_1 Year None Within Past_1 Year None Within Past 1 Year
rice of rir Salo s $ 8 Ss.
‘alysis of any curent agresment of séle. option, o sting af the subject property ad analysis of the prior sales of subject and earipatabies Thore are a known
agreements, sales options cr listings for the subject within the past year and there are no, current listings for.th parables used.
‘Surmmary ol sales competison and value carcsion See Addenda
a
a
a
Ths appraisal is made ® sis
{| subjectto een ‘per plans and specifications on the basis ot 2 hypotaatical conddion that the improvements have been comptted, oF
(| subject
to the folowing pairs, alterations or condibans -. -
BASED ON aN DX exreoRmisPECTio FROM THE STREET OR AN | WHTERIOR AND EXTERIOR INSPECTION, HESTIMATE
THE MARKET VALUE, AS DEFINED, OF THE REAL
PROPERTY THAT 1S THE SUBJECT OF THIS REPORT TOBE$ $330,000 2S0F December 12, 2016
PAGE TOF 3 Fania Mae Form 2058 9-95
Form 205 "TOTAL rasa software by & la mode. ine. ~|-B00+4L AMODE
2016-035524
Desktop Underwriter Quantitative Analysis Appraisal Report File No. S789F C-20164478/AR
Project Information for $uDs Ii applicable) -sthe develonssoulde in corto of tie Home Quimets' Associaton (HOA)? E] ves Tae
Provide the tolowsing information (oy PUDs only if tie develoned/tiler isin central o! tne HOA ans the subject crapertyis an altached dwaing nit
‘Tal wumber of phases Total number of u's _ Total numberof unis sol
“Total number of units cented ‘Total venir of wats tr sate Data Sourents}
‘Was te project created by the carvesion of exsting beng ito 2 PUD? (vos Pho Uys, date of conversion
‘Does the project contain any mul-cweling urits? tly Pino (la Source: __.
Are the common elements completed? Clyes CE] ne AUN, describe status of completion
‘xe any common elements leased to or by the Home Owners? Association? (ves [tne yes, alfa adders desebing rfl teas ad opions.
Descube common elements and retoationa facies: a ee ——
Project Informationfor Condominiums {# appicate)-- Is the developerrouler in cand af the Home Qomers* Association (HOA)? Dives Cine
Provide the fofowing information ter af Candomintum Projects:
Tota numberof phases oll member af units Toict umber of units sold -
Total numberof unis rene ‘Total numberof wns or sale _ Dita Sourco(6) .
_ (Wes We project created by the coswersion of exiting buildings ito @ condarninium? Lvs {jo Is, dato of sonworsias
Projaet Type: [_] Primary Residence {J Second Home ar Recreationat [| Raw oF Townhouse: ©] Garden CDi Cise Oo
Canaiton ofthe project, qty af constrain, wit mix,
5
fre the common dlerants completed? EJ vee [7 to ItNo, describe status of cormpletion: —_—-
‘Ars any cotamon elaments leasod to ar by the Hame Owners’ Association? Cres [no iyes. attach addendum cescrbing rastal tems and pons,
‘Deserve common alements ard recreationa! facilis:
PURPOSE OF APPRAISAL: The purpose of this appraisal is to estimate the market value of the real property that is the subject of this repon based on a
‘quantitative sales comparison analysis for use in a mortgage finance transaction.
DEFINITION OF MARKET VALU! The most provable price which 2 property should bring in a competitive and open market under al i
conditions requisite to a sale, the buyer and sebsr, each acting prudenlly, knowledyeabiy and assuming the price is not ailected by undue
stimulus. Inplich in this cefiniion is the consummation of 2 sale as of 2 specified dale and the passing of fe fom seller to buyer
vunder conditions. whereby: (1) buyer and seller ave typically motivated; (2) noth parties are well informed or wall advised, and each acting
in what he considers his own best interest; (3) @ reasonable time is allowed for exposure in the open market; (4) payment is made
in terms of cash in U.S. dollars oF in terms of financial arrangements comparable thereto; and (S) the price represents the normal consideration
ter the property sul unatlecteé by special of creative financing of sales concessions* ‘granted by anyone associated with the sale
* Adjustments 10 the comparables must be made for special or creative financing of sales concessions. No adjustments 2re necessary for those
costs which are normally paid by seers 2s a resut of Wadiion or law in a market area, these costs are readily idertiable since the
seller pays these costs In virwatty all sales tansactions. Speciat oF creative financing adustmenis can be made to the comparable
property by comparisons to financing terms offered by a think patty jnsttutional lender thet is not already involved in the property or
‘transaction. Any. agfustment should not be calculaled on a mechanical dellat for dollar cost of the financing or concession but the dollar
amount of any atiustment should approxinrate the market's reaction 10 the financing or concessions based on the anpraiser's judgment.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraisers certification that appears im the appraisal roport is subject to tho following conditions:
1 The appraiser will not be responsible fer matters ot a legal nature that aftect either the property being appraised or the thle to t . The sopralser assumes
thatthe tile is good ad marketable and, therelore, will riot renee any opinions abaut the Ue, The property is zppraised on the
‘basis af being under responsible ownership.
2. The appraiser has provided any required sketch in the appraisal repo te shaw approximate dimensions of the impravements and the sketch
is included only to assist the reader of the roport in visualizing te property and understanding the eppraisar's determination of its size
3. ‘The appraiser wil not give testimeny or appear in cour! because he or she made an appraisal of the propery in question, Unies specific
arrangements ta do so have been mada befcrehanc,
4, The appraiser has noted in the appraisal report any adverse cundtins {such as, but not timited 40, needed repairs, the presence of hazardous
wastes, toxic substances, ete) observed during the inspection a the subject property or that he or she became aware of during
the normal research involved in performing the appraisal Unless otherwise slated In the appraisal repor, the appraiser has no knowledge
of any hidden or ‘unapparent conditions ot the property ur allverse cervironenontal onsitions {including the presence of hazardous
‘wastes, toxie substances, etc.) that would make tke property more or tess valuable, and has assumed that there are ap. such conditions and
makes no guarantees ar warranties, sxpiessod or implied regarding the sondition of the property. The appraiser vail not be
responsibie for any such conditions that do exist or for any engineering of testing that might be required to discover whether such conditions:
exist Because the appraiser is not an expert in the fied of environmental hazards, the appraisal Teport must ot be considered
a an environamenta assessment of the property.
5 The appraiser obtained the information, estimates, and apinions that were expressed in the appraisal report tom sources that he or she considers to be
reliable and believes them to be true and correct. ‘The appraiser doze not assume responsibilty for the accuracy o1 such items that were furnished by
other partes.
6, The appraiser will not discfose the contents of the appraisal report excepl as provided for in the Unilo;m Standards of Professions! Appraisal Practice.
7. The appraiser mst provite nis or her prior writen consent before the lenderfellent specified in the appraise! report ean disttbute the appraisal
report (Ginclucing cconciusians about the property value, the appraiser's identity and professional designations, and references
to ary protessional appraisal organizations ur the fi wth which the appraiser jis associated to anyone calor than the bomawer,
the morgage or its suecessors and assigns: the mortgage insuer, consults; praiessional appraisal orgarizalions, any sale or
federally snproved sinaneiat institution; or any ceparinient, agency. oF instearnentality of the United States or any state or the District of
Columbia except that the lenderéckent ray cistibule the report to data collection o reporting sarvicets) without having te obtain the
sppraiser’s prior vwtilen ‘consent ‘The appraiser's wetten consent and aiproval rust also be obisined belo the appraisat a be
sonveyed by anyoneto the public through advertising. pubic relations, amws, sales, or other media,
8 The appraiser has based his er ber apprsisal report and valuation conclusion for an appeaisal Wat is subject to cormpletion per plans and specifications on
‘on the basis of a hypothetical condition that tha improvements have been cumpleted
The anpraiser has based his or her appraisal report and valuation eenchision for an appraisal that is subject to completion, repairs, oF alterations on the
assumption that conmpietion of the improvements will be performed in a workmantixe mariner,
PAGE 2 OF Fai Mae Form 2058 9-86
Foon 205 “TUEAL” appraisal sullware by ala mode. inc, - 1-800-AL ANODE
2018-038524
Desktop Underwriter Quantitative Analysis Appraisal Report Fito No. 3789FC-20164478/AR
APPRAISER'S CERTIFICATION: The Appraiser cart and agrees that:
1 1 performed this appraisal by a) porsenally inspecting from the street the subject prooarty and neighborhoud and each of the
-aniparable sales (unless | Nave otherwise indicated in this reyort that | also inspected the interior of the subject property}: {2} collecting, cantirming,
ang analyzing data fram reliable public andor private sources; and {3) repaiting the resulls of my inspection and analysis in this summary appratsot
report | further carity that | have adequate information about the physical characteristics of the subject property and ihe comparable sites to develop
tis appraisal
2 1 have researched and analyzed the comparable sales and offeringsilstings in the subject market aren and have reported the
comparable sales in this report that are the dest available for the subject property: ' further certily that adequate
comparahle market data exists tn the general market area 10 develop a rellabie safes comparison analysis, for he subject property.
3 1 have taken into consideration the factors that have an impact on valve in. my development af the estimate of market value in
the appraisal report. 4 tuner cerlify tat 1 have noted any apparent or known adverse conditions in tho subject improvements, on
the subject lle, of on any site within the immediate vicinity cf the subject property of which I am aware, lave considered these adverse
conditons In iy analysis of the groperty value to the extent that 1 had market evidenca to support thom, and have commented about the effect of
the adverse conditions on the marketability of the subject property have not knowingly withheld any significant information fram the appraisat
report and t eleva, to the best of my knoviledge, thal all statements and infarmation in the appraisal report are true and correct
4 1 slated in she appraisal reyorl only my own personal, unbiased, and professional analysis, opinions, and conclusions, which ate
‘subject only to the contingers and limiting consitions specified in this torm.
5, | have no present ot prospective inferest in the propedty that is tne subject of this renor, and | have no present or prospective personat
Interest or bigs with respect to the participants in the transaction, | did not base, either partially or cornpletely, my analysls and/or the
estimate of market vaiue in the appraisal report on the race, color, religion, sex, age, matial status, handicap, familet status, or national
crigin of either the prospective owners ar occupams of fae subject property er ol the present owners or occupants af the properties
‘the vicinity of the subject proporty or om any offer basis prohibited by law,
6 1 have no present or contemplated tutvre interest in the subject propery, and neither my current oF future employment nor Ry
compensation for performing this appraisatis cantingent en the appraised value of the property.
7 | was not required to tepart a predetermined value oF direction in value that favors the cause ef the client or any related party, the
amount of the value estimate, the attainment of 2 specific resut, or the occurence of a subsequent event inorder to receive ny
‘compensation and/or_employrent for performing the appraisal ‘ aid hot hase the appraisal report on a rayussted minimum valuation,
a spacitic valuation, of the need 10 approve a specific mortgage loan.
8 | estimated the market value of the real property that is the subject of this report based on the sales comparisor approach to vale. I
funther certty that 1 considered the cost and income approaches ta value, ‘Sut, through emulual agreement with the ctient, did not develop them, unless:
have noted otherwise in this report
8 | perlormed this appraisal as a limited apprarsal, subject to the Departure Provision of the Uniterm Standards of Professional Appraisal
Practice that were atopled and promutgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of
the effective dato ct the appraisal (unless | have otherwise indicated o this report that the appraisal is a complete app’ a jn which
case, the Departure Provision does nat apply).
10. | acknowledge that an estimate of a reasonable time for exsosure in the open market is a condition in the definition of market value.
The exposure time associated with the estimate ot market vate for the subject properly Is consistent with the marketing time noted
in the Neighborhood section ot this report. The marketing period concluded for the subject property at the estimated market value is
also consistent with the marketing time roted in the Netgaborhood section.
1 1 personally prepared all conclusions. and opitios about the real estate hat wore set forth in the appraisal report. I
terther cerity that no one provided signiicant professional assistanceio me in the development uf this appraisal
SUPERVISORY APPRAISER’S CERTIFICATION: t a supervisery appraise signed the appraisal report he or she cestiies and agiees that
1 direclly supervise the appraiser who prepared the apavaisal repor, nave examined the appraised report for compliance with ine Uniform Standards
of Professional Appraisal Practice, agree with the statements, and conclusions of the appraiser, agree fo be bound by the appraiser's
certtications numbered § through 7 above, and am taking full resnonsibifty for the appratsal and the anpraisal report
APPRAISER: my SUPERVISORY APPRAISER (ONLY IF REQUIRED}:
= at
Signature:
Name EdwardA. Suit, "7 a+ oeag of ss___— Signature:
Name
Company Name: L.M Sepso Appraisal Asse: slates, LLC Company Name:
Company Address: 7305 Main SU#I64, Stratiord, CT 06014, Company Address:
Date of ReporvSignature: azh3/2016 Dale of ReporvSignature:
State Certiication # go01828 State Certification #:
oF State License #: . . or State License #
State cr State:
Expiration Date of Cenitication or License: ~ 04/30/2017, Expiration Date of Gerification ar License:
ADDRESS OF PROPERTY APPRAISED:
10 Slaughter House Rd_ SUPERVISORY APPRAISER:
Washington(New Presion, CT.06777 SUBJECT PROPERTY
APPRAISED VALUE OF SUBJECT PROPERTY § $330,000 (5 Dis not inspect subject property
EFFECTIVE DATE OF APPRAISAL /INSPECTION December 72, 2018. | Did inspect exterior of subject property from street
Dig inspect intestor and extericr of subject property
LENDER/CLIENT: Bendel & McHugh, PC COMPARABLE SALES
Name:
Bendelt & McHugh B.C. (7 Dig nol inspect exteriorof comparable sales from street
Company Name |) Did inspect exterior of comparable sales from streat
Company Address: 169 Farmington Avenue, Farmington, CT 96022
PAGE 3 OF 3 Fannie Mae Form 2088 056
Foim 206 - “TOTAL” appraisal soltware by «ta mode, me. - #-800-4L AMODE
CERTIFICATION
- [hereby certify thata copy of the above were mailed or electronically delivered on
20, to all counsel and pro se parties of record and that written consent
livery was received from all counsel and pro se parties of record who were
electronically served, as follows:
Robert L. Peat (102661)
57 North St. Suite 102
Danbury, CT 06810
a
Commissioner of the Supe jor Court
iy
BENDETT& McHUGH
160 FARMINGTON AVENUE * FARMINGTON, CT 06032 ° (860) 677-2868 + Juris No. 102892
DOCKET NO: LLI-CV-16-6014382-S SUPERIOR COURT
DEUTSCHE BANK TRUST J.D. OF LITCHFIELD
COMPANY AMERICAS AS TRUSTEE
RALI 2006-QS16
VS AT LITCHFIELD
PECK, CIARA V., ET AL DEC 09 2016
LIST OF ORDER OF LAW DAYS IN CONNECTION WITH
MOTION FOR JUDGMENT OF STRICT FORECLOSURE
Pursuant to Practice Book Section 23-17, the Plaintiff hereby submits its proposed list of
law days of the Defendants in the above-referenced matter:
1 Ciara V. Peck a/k/a Ciara V. Scott
2 Asset Acceptance, LLC
Portfolio Recovery Associates, L.L.C.
US. Equities Corp.
New Milford Hospital, Inc.
Wells Fargo Bank, N.A.
Title Vests in Plaintiff - next proceeding day
THE Al FF,
GY
By
faclynM Ssmus
Bendgtt & Mc! gh, P.C
Tts Attyrneys
BENDETT& McHUGH
160 FARMINGTON AVENUE * FaRMInGron, CT 06032 + (860) 677-2868 + Juris No. 102892
CERTIFICATION
eau e
I hereby certify thatta copy of the above was mailed or electronically delivered on
/
,20/" / to all counsel and pro se parties of record and that written consent
for electrogic delivery was received from all counsel and pro se parties of record who were
electronically served, as follows:
Robert L. Peat (102661)
57 North St, Suite 102
j
Danbury, CT 06810
Commissio. of the Supgffor Court
BENDETT@ McHUGH
160 FARMINGTON AVENUE * FARMINGTON, GY 06032 ¢ (860) 677-2868 * JuRIs No. 102892
Preview
DOCKET NO: LLI-CV-16-6014382-S SUPERIOR COURT DEUTSCHE BANK TRUST J.D. OF LITCHFIELD COMPANY AMERICAS AS TRUSTEE RALI 2006-QS16 VS AT LITCHFIELD PECK, CIARA V., ET AL DEC 09 2016 MOTION FOR JUDGMENT OF STRICT FORECLOSURE AND FINDING OF ENTITLEMENT TO POSSESSION The Plaintiff hereby moves that a Judgment of Strict Foreclosure be entered in the above- captioned matter and that the court make a finding that the Plaintiff is entitled to possession of the subject premises upon title to the subject premises vesting in Plaintiff. THE P, e By. ag vi Bendett & BA, P.C Its Attor NOTICE: THE LAW FIRM OF BENDETT & MCHUGH, P.C. IS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBFAIN 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. ORAL ARGUMENT IS REQUESTED TESTIMONY IS NOT REQUIRED BENDETT& McHUGH 160 FARMINGTON AVENUE * FARMINGTON, CT 06032 (860) 677-2868 © Juris No. 102892 40 FannieMae LE. Sepso Appraisal Assocites 2016-035824 Desktop Underwriter Quantitative Analysis Appraisal Report File No. 378GFC-20164478/AR THIS SUMMARY APPRAISAL REPORT IS INTENDED FOR USE BY THE LENDER/CLIENT FOR A MORTGAGE FINANCE TRANSACTION ONLY, Progorty Addeess 10 Slaughter House Rd Lily WashingtoniNew Preston Sale CT Zp toe, O77 Lgl Deseripvon Volume 149/ Pane 267 County _Litzhfield Assessea's Parcel No Map 42-24 TaxYeat Currant RE Tas$ 3,699.53 Special Assescmenls§ N/A Brower NIA. Gurren Owner Peck, Ciara alia Scott, Ciara Oceunart Bx own Tenant Vacant Ed Neighborhoed os Project Narie law Preston Prowl Type [1 up £11 ondoninium HOAS 0.00 Mo. Sales Price $ N/A Date of Sale WA DDesenntion/ § amourt ol loan charges/concessions io he nad by seier N/A Propariy nigh appraised TX fee Sinole P| Ceaseroia [ Map Raterence PMSA 1930 Census Tract_267 1.00 Note: Race and the racial cormposition ol the neighborhood arenot eppraiseifactays. Lecation Lieven Dl suburban [_jurai Fropery valves ) ineressing 3 seapie [_] Dectning Sito ig ‘Condoniun Routing Ey Bult us Unbelance [X) Over supply GE RICE si apple AGE Fa lover 76% Dé]2575% [funder 25% Bemanaisuprty [_] shovtage ga ts Ef Srowth ite [Pepi DR} stable [Eston barking time {under 3 mos, 2.8 mus, | Over 6 os. 400_ Low 4 NYA. Low NIA Neighbornosd boundaries The Neighborhoo: isbounded on the North by the Town of Warren 2,750 Hig 280_| NA Hoh NIA on the Eastby She: y.Rd,on the Wes! by the Town of Kent, and on the South bythe Town of Roxbury. Predominant edorsinant 360 NIA NIA ‘Dimensions See Attached Leaal ‘Sie area (09 Acres ‘Shape Mostly Rectangular ‘Speci 2oring clasiiostion and description Zon: Residentist 1 Acre / Min, Lot Size Zoning comatiance DX] icq —[] Legal nonconforming (Grendfettned use) {_ alegal, ataei desenption | No zoring a Highas ari ot use of suc raga as anpnaved (ras groper pans and specications Ol Presemtuse {| Giher use, attack description, weilifes Pubic Other Pubic ‘ier ‘if-ste improvements Type Fa Prvate Electicty x Weer F Well Steet oO 6 Ges Fl Electric Heat Saritay sewer Septic Ae ‘ce there any apparent verse site conditions (easements, eneroachments, peca| assessments, side azas,ot.)? Eves bX No os, altach descrip, ‘Source(s) used for physical characteristics of property {| ineriar ara extertor inspection DX! Exterior inspection trom steet [| Feevious appraisal fies Pa Mis [X] Assessment and tax recards | Prior inspestion {Property owner 1 | oiner (eserive) No.of Stoves 1 Type (DeUAtty Del Exterior Was Wood, Figal Sutzce_ Asphalt Shingle anvfactured Housing [| Yos Bx to ‘Boas tha property ganerlly confor o te ieighoiood in 1am of stile, condtien and construction mi rials? Yes [Tito —tthio, attach description. Fe re thave any apparent pyc deficiencies of Conditions that would fect the soundness or stuctualiniegity of the improvements or the liveblity of she propery? Es [| ¥es, wo. HLYes, ath desoristion ‘oe there any apparent vers envionment concins (hazards Wastes, ie substances, ote) grescm inthe improvemert, on these rine mune iy f the subject property? Ove: [XX No it Yes, atach description, [researched the subj market area for comparabe Ustigs and sales hat ee the most sila and poxkmate wo ie subject propa. ay research reveled a tl of 6 sales ranging in sales prive from § 280,000 WS - 280, 0 My research revealed a toa! of 6 flags ranging inst pice om § 259,900 ws 389,900 ‘The analysis ofthe compare scles balow roles marist reacion to sigan v ins hotwecn the sales and te subject property. FEATURE T RECT SALES SALE? TALES 16 Slaughter House Ro 49 Revere Rd 88 Horse Heaven Ro 46 Wilbur Re Address. Was Washinglon Washington Washington Proximity wo Subject Eeee 4.98, SE 4.92 miles 3.10 miles NE Sales Price NA Sees 000. ee 8 9,004 ES $ 365,000 PricelSross Living vez t]s 198.58) zataait| 306.725) Data &Vesicaton Sowces V234/P 1053 Extinsp/PubRes ¥234/P 1106 Extinso/PubRec \V235/P 154 Extinsp/@ubRec ‘VALUE ADIUSTMENTS DESORPTION DESCRIPTION 4 us. DESCRIPTION I [JE Ads! ‘DESORIFTION +[e}8 Ast Sales or Financing None Disclosed None Disclosed None Disclosed Concessions a - Date of Satine 3212046 SA8I2016 BiI2016 Location Average. Averaoe. Average Average Site 3.09 Acres 1:37 Acres. 48,600 | 3.09 Acres 4.26 Acres 49,200 Mew, Average Ayerace Average. ‘Average Design Sie} Ranch Colonial Raneh Colonial Fa ‘Actual Ae (Y,) Year Built 1970 Year Built 1978 Year Built 1969 Year Built 1840 +10,000 Condon Average Average Averane. AvalUpdale!RE -$,000) a Above Grade Tolal {Edimsi_ Baths Tolal Bis! Baths Total: Bdems! Baths 5 “otal Birms: Bas ‘toorn Count 5 2 t 2 2 3 24 “6.0100 6 3 2 “3,000 2 2 2 Fs ‘ress Living Arca 4.48084. F1 1,884 89,8, -8,100 1,340 $4, FL 42,800, 4,190 So. F 45,801 ‘Bastaneit & Finished Full Basement Full Basement Full Basement Full Basement I Rooms Below Grade None None, None. None GarageCrpurt 2.Car DelfLoll 2 Car Att 2,000 2 Car As $2,000, 1. Car Detached 44,009 a Amenities WOFP, WOIFP. wore 2FPAGPoalPatio 8,000. and Values 150,000 2OM.6. 6 DOM. 104 DOM 302 Nel Ad total Cle X a's 73,800 [D+ Ct 4,800 18,000] ‘Agjsted Sales Price Nee C6. of Comparables 291,500. Goss 25.8 241,800. i, 380,000: Date of Prior Sale None Win 3 yrs None Within Past_1 Year None Within Past_1 Year None Within Past 1 Year rice of rir Salo s $ 8 Ss. ‘alysis of any curent agresment of séle. option, o sting af the subject property ad analysis of the prior sales of subject and earipatabies Thore are a known agreements, sales options cr listings for the subject within the past year and there are no, current listings for.th parables used. ‘Surmmary ol sales competison and value carcsion See Addenda a a a Ths appraisal is made ® sis {| subjectto een ‘per plans and specifications on the basis ot 2 hypotaatical conddion that the improvements have been comptted, oF (| subject to the folowing pairs, alterations or condibans -. - BASED ON aN DX exreoRmisPECTio FROM THE STREET OR AN | WHTERIOR AND EXTERIOR INSPECTION, HESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT 1S THE SUBJECT OF THIS REPORT TOBE$ $330,000 2S0F December 12, 2016 PAGE TOF 3 Fania Mae Form 2058 9-95 Form 205 "TOTAL rasa software by & la mode. ine. ~|-B00+4L AMODE 2016-035524 Desktop Underwriter Quantitative Analysis Appraisal Report File No. S789F C-20164478/AR Project Information for $uDs Ii applicable) -sthe develonssoulde in corto of tie Home Quimets' Associaton (HOA)? E] ves Tae Provide the tolowsing information (oy PUDs only if tie develoned/tiler isin central o! tne HOA ans the subject crapertyis an altached dwaing nit ‘Tal wumber of phases Total number of u's _ Total numberof unis sol “Total number of units cented ‘Total venir of wats tr sate Data Sourents} ‘Was te project created by the carvesion of exsting beng ito 2 PUD? (vos Pho Uys, date of conversion ‘Does the project contain any mul-cweling urits? tly Pino (la Source: __. Are the common elements completed? Clyes CE] ne AUN, describe status of completion ‘xe any common elements leased to or by the Home Owners? Association? (ves [tne yes, alfa adders desebing rfl teas ad opions. Descube common elements and retoationa facies: a ee —— Project Informationfor Condominiums {# appicate)-- Is the developerrouler in cand af the Home Qomers* Association (HOA)? Dives Cine Provide the fofowing information ter af Candomintum Projects: Tota numberof phases oll member af units Toict umber of units sold - Total numberof unis rene ‘Total numberof wns or sale _ Dita Sourco(6) . _ (Wes We project created by the coswersion of exiting buildings ito @ condarninium? Lvs {jo Is, dato of sonworsias Projaet Type: [_] Primary Residence {J Second Home ar Recreationat [| Raw oF Townhouse: ©] Garden CDi Cise Oo Canaiton ofthe project, qty af constrain, wit mix, 5 fre the common dlerants completed? EJ vee [7 to ItNo, describe status of cormpletion: —_—- ‘Ars any cotamon elaments leasod to ar by the Hame Owners’ Association? Cres [no iyes. attach addendum cescrbing rastal tems and pons, ‘Deserve common alements ard recreationa! facilis: PURPOSE OF APPRAISAL: The purpose of this appraisal is to estimate the market value of the real property that is the subject of this repon based on a ‘quantitative sales comparison analysis for use in a mortgage finance transaction. DEFINITION OF MARKET VALU! The most provable price which 2 property should bring in a competitive and open market under al i conditions requisite to a sale, the buyer and sebsr, each acting prudenlly, knowledyeabiy and assuming the price is not ailected by undue stimulus. Inplich in this cefiniion is the consummation of 2 sale as of 2 specified dale and the passing of fe fom seller to buyer vunder conditions. whereby: (1) buyer and seller ave typically motivated; (2) noth parties are well informed or wall advised, and each acting in what he considers his own best interest; (3) @ reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars oF in terms of financial arrangements comparable thereto; and (S) the price represents the normal consideration ter the property sul unatlecteé by special of creative financing of sales concessions* ‘granted by anyone associated with the sale * Adjustments 10 the comparables must be made for special or creative financing of sales concessions. No adjustments 2re necessary for those costs which are normally paid by seers 2s a resut of Wadiion or law in a market area, these costs are readily idertiable since the seller pays these costs In virwatty all sales tansactions. Speciat oF creative financing adustmenis can be made to the comparable property by comparisons to financing terms offered by a think patty jnsttutional lender thet is not already involved in the property or ‘transaction. Any. agfustment should not be calculaled on a mechanical dellat for dollar cost of the financing or concession but the dollar amount of any atiustment should approxinrate the market's reaction 10 the financing or concessions based on the anpraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraisers certification that appears im the appraisal roport is subject to tho following conditions: 1 The appraiser will not be responsible fer matters ot a legal nature that aftect either the property being appraised or the thle to t . The sopralser assumes thatthe tile is good ad marketable and, therelore, will riot renee any opinions abaut the Ue, The property is zppraised on the ‘basis af being under responsible ownership. 2. The appraiser has provided any required sketch in the appraisal repo te shaw approximate dimensions of the impravements and the sketch is included only to assist the reader of the roport in visualizing te property and understanding the eppraisar's determination of its size 3. ‘The appraiser wil not give testimeny or appear in cour! because he or she made an appraisal of the propery in question, Unies specific arrangements ta do so have been mada befcrehanc, 4, The appraiser has noted in the appraisal report any adverse cundtins {such as, but not timited 40, needed repairs, the presence of hazardous wastes, toxic substances, ete) observed during the inspection a the subject property or that he or she became aware of during the normal research involved in performing the appraisal Unless otherwise slated In the appraisal repor, the appraiser has no knowledge of any hidden or ‘unapparent conditions ot the property ur allverse cervironenontal onsitions {including the presence of hazardous ‘wastes, toxie substances, etc.) that would make tke property more or tess valuable, and has assumed that there are ap. such conditions and makes no guarantees ar warranties, sxpiessod or implied regarding the sondition of the property. The appraiser vail not be responsibie for any such conditions that do exist or for any engineering of testing that might be required to discover whether such conditions: exist Because the appraiser is not an expert in the fied of environmental hazards, the appraisal Teport must ot be considered a an environamenta assessment of the property. 5 The appraiser obtained the information, estimates, and apinions that were expressed in the appraisal report tom sources that he or she considers to be reliable and believes them to be true and correct. ‘The appraiser doze not assume responsibilty for the accuracy o1 such items that were furnished by other partes. 6, The appraiser will not discfose the contents of the appraisal report excepl as provided for in the Unilo;m Standards of Professions! Appraisal Practice. 7. The appraiser mst provite nis or her prior writen consent before the lenderfellent specified in the appraise! report ean disttbute the appraisal report (Ginclucing cconciusians about the property value, the appraiser's identity and professional designations, and references to ary protessional appraisal organizations ur the fi wth which the appraiser jis associated to anyone calor than the bomawer, the morgage or its suecessors and assigns: the mortgage insuer, consults; praiessional appraisal orgarizalions, any sale or federally snproved sinaneiat institution; or any ceparinient, agency. oF instearnentality of the United States or any state or the District of Columbia except that the lenderéckent ray cistibule the report to data collection o reporting sarvicets) without having te obtain the sppraiser’s prior vwtilen ‘consent ‘The appraiser's wetten consent and aiproval rust also be obisined belo the appraisat a be sonveyed by anyoneto the public through advertising. pubic relations, amws, sales, or other media, 8 The appraiser has based his er ber apprsisal report and valuation conclusion for an appeaisal Wat is subject to cormpletion per plans and specifications on ‘on the basis of a hypothetical condition that tha improvements have been cumpleted The anpraiser has based his or her appraisal report and valuation eenchision for an appraisal that is subject to completion, repairs, oF alterations on the assumption that conmpietion of the improvements will be performed in a workmantixe mariner, PAGE 2 OF Fai Mae Form 2058 9-86 Foon 205 “TUEAL” appraisal sullware by ala mode. inc, - 1-800-AL ANODE 2018-038524 Desktop Underwriter Quantitative Analysis Appraisal Report Fito No. 3789FC-20164478/AR APPRAISER'S CERTIFICATION: The Appraiser cart and agrees that: 1 1 performed this appraisal by a) porsenally inspecting from the street the subject prooarty and neighborhoud and each of the -aniparable sales (unless | Nave otherwise indicated in this reyort that | also inspected the interior of the subject property}: {2} collecting, cantirming, ang analyzing data fram reliable public andor private sources; and {3) repaiting the resulls of my inspection and analysis in this summary appratsot report | further carity that | have adequate information about the physical characteristics of the subject property and ihe comparable sites to develop tis appraisal 2 1 have researched and analyzed the comparable sales and offeringsilstings in the subject market aren and have reported the comparable sales in this report that are the dest available for the subject property: ' further certily that adequate comparahle market data exists tn the general market area 10 develop a rellabie safes comparison analysis, for he subject property. 3 1 have taken into consideration the factors that have an impact on valve in. my development af the estimate of market value in the appraisal report. 4 tuner cerlify tat 1 have noted any apparent or known adverse conditions in tho subject improvements, on the subject lle, of on any site within the immediate vicinity cf the subject property of which I am aware, lave considered these adverse conditons In iy analysis of the groperty value to the extent that 1 had market evidenca to support thom, and have commented about the effect of the adverse conditions on the marketability of the subject property have not knowingly withheld any significant information fram the appraisat report and t eleva, to the best of my knoviledge, thal all statements and infarmation in the appraisal report are true and correct 4 1 slated in she appraisal reyorl only my own personal, unbiased, and professional analysis, opinions, and conclusions, which ate ‘subject only to the contingers and limiting consitions specified in this torm. 5, | have no present ot prospective inferest in the propedty that is tne subject of this renor, and | have no present or prospective personat Interest or bigs with respect to the participants in the transaction, | did not base, either partially or cornpletely, my analysls and/or the estimate of market vaiue in the appraisal report on the race, color, religion, sex, age, matial status, handicap, familet status, or national crigin of either the prospective owners ar occupams of fae subject property er ol the present owners or occupants af the properties ‘the vicinity of the subject proporty or om any offer basis prohibited by law, 6 1 have no present or contemplated tutvre interest in the subject propery, and neither my current oF future employment nor Ry compensation for performing this appraisatis cantingent en the appraised value of the property. 7 | was not required to tepart a predetermined value oF direction in value that favors the cause ef the client or any related party, the amount of the value estimate, the attainment of 2 specific resut, or the occurence of a subsequent event inorder to receive ny ‘compensation and/or_employrent for performing the appraisal ‘ aid hot hase the appraisal report on a rayussted minimum valuation, a spacitic valuation, of the need 10 approve a specific mortgage loan. 8 | estimated the market value of the real property that is the subject of this report based on the sales comparisor approach to vale. I funther certty that 1 considered the cost and income approaches ta value, ‘Sut, through emulual agreement with the ctient, did not develop them, unless: have noted otherwise in this report 8 | perlormed this appraisal as a limited apprarsal, subject to the Departure Provision of the Uniterm Standards of Professional Appraisal Practice that were atopled and promutgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective dato ct the appraisal (unless | have otherwise indicated o this report that the appraisal is a complete app’ a jn which case, the Departure Provision does nat apply). 10. | acknowledge that an estimate of a reasonable time for exsosure in the open market is a condition in the definition of market value. The exposure time associated with the estimate ot market vate for the subject properly Is consistent with the marketing time noted in the Neighborhood section ot this report. The marketing period concluded for the subject property at the estimated market value is also consistent with the marketing time roted in the Netgaborhood section. 1 1 personally prepared all conclusions. and opitios about the real estate hat wore set forth in the appraisal report. I terther cerity that no one provided signiicant professional assistanceio me in the development uf this appraisal SUPERVISORY APPRAISER’S CERTIFICATION: t a supervisery appraise signed the appraisal report he or she cestiies and agiees that 1 direclly supervise the appraiser who prepared the apavaisal repor, nave examined the appraised report for compliance with ine Uniform Standards of Professional Appraisal Practice, agree with the statements, and conclusions of the appraiser, agree fo be bound by the appraiser's certtications numbered § through 7 above, and am taking full resnonsibifty for the appratsal and the anpraisal report APPRAISER: my SUPERVISORY APPRAISER (ONLY IF REQUIRED}: = at Signature: Name EdwardA. Suit, "7 a+ oeag of ss___— Signature: Name Company Name: L.M Sepso Appraisal Asse: slates, LLC Company Name: Company Address: 7305 Main SU#I64, Stratiord, CT 06014, Company Address: Date of ReporvSignature: azh3/2016 Dale of ReporvSignature: State Certiication # go01828 State Certification #: oF State License #: . . or State License # State cr State: Expiration Date of Cenitication or License: ~ 04/30/2017, Expiration Date of Gerification ar License: ADDRESS OF PROPERTY APPRAISED: 10 Slaughter House Rd_ SUPERVISORY APPRAISER: Washington(New Presion, CT.06777 SUBJECT PROPERTY APPRAISED VALUE OF SUBJECT PROPERTY § $330,000 (5 Dis not inspect subject property EFFECTIVE DATE OF APPRAISAL /INSPECTION December 72, 2018. | Did inspect exterior of subject property from street Dig inspect intestor and extericr of subject property LENDER/CLIENT: Bendel & McHugh, PC COMPARABLE SALES Name: Bendelt & McHugh B.C. (7 Dig nol inspect exteriorof comparable sales from street Company Name |) Did inspect exterior of comparable sales from streat Company Address: 169 Farmington Avenue, Farmington, CT 96022 PAGE 3 OF 3 Fannie Mae Form 2088 056 Foim 206 - “TOTAL” appraisal soltware by «ta mode, me. - #-800-4L AMODE CERTIFICATION - [hereby certify thata copy of the above were mailed or electronically delivered on 20, to all counsel and pro se parties of record and that written consent livery was received from all counsel and pro se parties of record who were electronically served, as follows: Robert L. Peat (102661) 57 North St. Suite 102 Danbury, CT 06810 a Commissioner of the Supe jor Court iy BENDETT& McHUGH 160 FARMINGTON AVENUE * FARMINGTON, CT 06032 ° (860) 677-2868 + Juris No. 102892 DOCKET NO: LLI-CV-16-6014382-S SUPERIOR COURT DEUTSCHE BANK TRUST J.D. OF LITCHFIELD COMPANY AMERICAS AS TRUSTEE RALI 2006-QS16 VS AT LITCHFIELD PECK, CIARA V., ET AL DEC 09 2016 LIST OF ORDER OF LAW DAYS IN CONNECTION WITH MOTION FOR JUDGMENT OF STRICT FORECLOSURE Pursuant to Practice Book Section 23-17, the Plaintiff hereby submits its proposed list of law days of the Defendants in the above-referenced matter: 1 Ciara V. Peck a/k/a Ciara V. Scott 2 Asset Acceptance, LLC Portfolio Recovery Associates, L.L.C. US. Equities Corp. New Milford Hospital, Inc. Wells Fargo Bank, N.A. Title Vests in Plaintiff - next proceeding day THE Al FF, GY By faclynM Ssmus Bendgtt & Mc! gh, P.C Tts Attyrneys BENDETT& McHUGH 160 FARMINGTON AVENUE * FaRMInGron, CT 06032 + (860) 677-2868 + Juris No. 102892 CERTIFICATION eau e I hereby certify thatta copy of the above was mailed or electronically delivered on / ,20/" / to all counsel and pro se parties of record and that written consent for electrogic delivery was received from all counsel and pro se parties of record who were electronically served, as follows: Robert L. Peat (102661) 57 North St, Suite 102 j Danbury, CT 06810 Commissio. of the Supgffor Court BENDETT@ McHUGH 160 FARMINGTON AVENUE * FARMINGTON, GY 06032 ¢ (860) 677-2868 * JuRIs No. 102892