On October 11, 2016 a
Order
was filed
involving a dispute between
Bank Of America, N.A.,
and
Brian J Ducey Aka Ducey, Brian,
Cach, Llc,
Charlotte Hungerford Hospital,
Portfolio Recovery Associates, Llc,
Secretary Of Housing And Urban Development,
State Of Connecticut, Department Of Revenue Services,
for P00 - Property - Foreclosure
in the District Court of Litchfield County.
Preview
DOCKET NO.: LLI-CV16-6014317-S : SUPERIOR COURT
BANK OF AMERICA, N.A. : JUDICIAL DISTRICT OF
: LITCHFIELD
V. : AT LITCHFIELD
BRIAN J. DUCEY A/K/A BRIAN DUCEY, ET AL. : DECEMBER 14, 2016
MOTION FOR JUDGMENT OF STRICT FORECLOSURE AND FINDING OF ENTITLEMENT
OF POSSESSION
The Plaintiff hereby moves that a Judgment of Stri ct Foreclosure enter in this action and that the
Court make a finding t hat the Plaintiff i s entitled to possession of the subject prem ises upon title to t he
subject premises vesting in the Plaintiff.
File: 002400F01
Pursuant to Sec. 23-17 of t he Connecticut Pr actice Book (2016) la w days should be assigned t o
the parties to the action in the inverse order of their priority, as follows:
1st Law Day - Brian J. Ducey
2nd Law Day - State of Connecticut Department of Revenue Services
3rd Law Day - Portfolio Recovery Associates LLC
4th Law Day - CACH LLC
5th Law Day - Portfolio Recovery Associates LLC
6th Law Day - Charlotte Hungerford Hospital
7th Law Day- Secretary of Housing and Urban Development
Plaintiff
By:____/432748/__________
Matthew F. Bristol
Hunt Leibert Jacobson, P.C.
50 Weston Street
Hartford, CT 06120
860-808-0606
Its Attorneys
Juris No. 101589
ORAL ARGUMENT REQUESTED
TESTIMONY NOT REQUIRED
File: 002400F01
PRELIMINARY STATEMENT OF DEBT
Pursuant to Sec. 23-18(b) of the Connecticut Practice Book (2010), the following is a preliminary
statement of the Plaintiff's monetary claim calculated as November 30, 2016.
Principal balance of $199,447.19, together with accrued interest in the amount of $6,440.50
calculated from February 01, 2016 at the rate of 3.875% per annum, plus late charges of $374.82, Escrow
Advance for taxes and insurance of $2,493.98, corporate advances of $227.49 and less credits of $0.64
plus counsel fees and court costs.
____/432748/_________
Matthew F. Bristol
File: 002400F01
ORDER
The foregoing Motion for Judgment of Strict Foreclosure having been presented to this Court, it
is hereby GRANTED / DENIED. In accordance with the order of law days hereinabove set forth, the first
law day shall be ______________________, 20______ with subsequent days to each party in the order
set forth.
GRANTED/DENIED.
BY THE COURT
______________________________
Judge/Clerk
File: 002400F01
CERTIFICATION
I hereby certify that a copy of the foregoing Motion and Appraisal (P.B. Sec. 23-16) was mailed
on December 14, 2016 to all counsel and pro se parties of record, as follows:
HERTZMARK CREAN & LAHEY LLP
silaslevine@hcllaw.net
Brian J. Ducey a/k/a Brian Ducey
1602 Nantahala Blvd
Mount Pleasant, SC 29464
_____/432748/____________
Matthew F. Bristol
Attorney for the Plaintiff
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.
File: 002400F01
Document Filed Date
December 14, 2016
Case Filing Date
October 11, 2016
Category
P00 - Property - Foreclosure
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
DOCKET NO.: LLI-CV16-6014317-S : SUPERIOR COURT BANK OF AMERICA, N.A. : JUDICIAL DISTRICT OF : LITCHFIELD V. : AT LITCHFIELD BRIAN J. DUCEY A/K/A BRIAN DUCEY, ET AL. : DECEMBER 14, 2016 MOTION FOR JUDGMENT OF STRICT FORECLOSURE AND FINDING OF ENTITLEMENT OF POSSESSION The Plaintiff hereby moves that a Judgment of Stri ct Foreclosure enter in this action and that the Court make a finding t hat the Plaintiff i s entitled to possession of the subject prem ises upon title to t he subject premises vesting in the Plaintiff. File: 002400F01 Pursuant to Sec. 23-17 of t he Connecticut Pr actice Book (2016) la w days should be assigned t o the parties to the action in the inverse order of their priority, as follows: 1st Law Day - Brian J. Ducey 2nd Law Day - State of Connecticut Department of Revenue Services 3rd Law Day - Portfolio Recovery Associates LLC 4th Law Day - CACH LLC 5th Law Day - Portfolio Recovery Associates LLC 6th Law Day - Charlotte Hungerford Hospital 7th Law Day- Secretary of Housing and Urban Development Plaintiff By:____/432748/__________ Matthew F. Bristol Hunt Leibert Jacobson, P.C. 50 Weston Street Hartford, CT 06120 860-808-0606 Its Attorneys Juris No. 101589 ORAL ARGUMENT REQUESTED TESTIMONY NOT REQUIRED File: 002400F01 PRELIMINARY STATEMENT OF DEBT Pursuant to Sec. 23-18(b) of the Connecticut Practice Book (2010), the following is a preliminary statement of the Plaintiff's monetary claim calculated as November 30, 2016. Principal balance of $199,447.19, together with accrued interest in the amount of $6,440.50 calculated from February 01, 2016 at the rate of 3.875% per annum, plus late charges of $374.82, Escrow Advance for taxes and insurance of $2,493.98, corporate advances of $227.49 and less credits of $0.64 plus counsel fees and court costs. ____/432748/_________ Matthew F. Bristol File: 002400F01 ORDER The foregoing Motion for Judgment of Strict Foreclosure having been presented to this Court, it is hereby GRANTED / DENIED. In accordance with the order of law days hereinabove set forth, the first law day shall be ______________________, 20______ with subsequent days to each party in the order set forth. GRANTED/DENIED. BY THE COURT ______________________________ Judge/Clerk File: 002400F01 CERTIFICATION I hereby certify that a copy of the foregoing Motion and Appraisal (P.B. Sec. 23-16) was mailed on December 14, 2016 to all counsel and pro se parties of record, as follows: HERTZMARK CREAN & LAHEY LLP silaslevine@hcllaw.net Brian J. Ducey a/k/a Brian Ducey 1602 Nantahala Blvd Mount Pleasant, SC 29464 _____/432748/____________ Matthew F. Bristol Attorney for the Plaintiff 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. File: 002400F01