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  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASS v. JENNINGS, LALENA Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASS v. JENNINGS, LALENA Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASS v. JENNINGS, LALENA Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASS v. JENNINGS, LALENA Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASS v. JENNINGS, LALENA Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASS v. JENNINGS, LALENA Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASS v. JENNINGS, LALENA Et AlP00 - Property - Foreclosure document preview
  • U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASS v. JENNINGS, LALENA Et AlP00 - Property - Foreclosure document preview
						
                                

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DOCKET NO.: LLI-CV16-6014386-S : SUPERIOR COURT U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES MO 2006- HE6, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES MO 2006-HE6 : J.D. OF LITCHFIELD VS. : AT LITCHFIELD LALENA JENNINGS, ET AL. é FEBRUARY 6, 2017 MOTION FOR JUDGMENT OF STRICT FORECLOSURE The Plaintiff, respectfully 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 entitle to possession of the subject premises upon title to the subject premises vesting in Plaintiff. In accordance with Practice Book Section 526A, attached hereto as Schedule A is a list indicating the order in which law days should be assigned to the parties to the action. THE PLAINTIFF BY_/s/Paul Lewis Otzel, #100997 PAUL LEWIS OTZEL KAPUSTA, OTZEL & AVERAIMO 250 Broad Street, Milford, CT 06460 ITS ATTORNEYS ORAL ARGUMENT IS REQUESTED TESTIMONY IS REQUIRED 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 PESONALLY, BUT IS NOTICE OF A POSSIBLE ENFORCEMENT OF THE LIEN AGAINST THE COLLATERAL PROPERTY. KAPUSTA, OTZEL & AVERAIMO Attorneys-at-Law 250 Broad Street, Milford, CT 06460-3236+Juris Number 003287+(203) 874-6773+Fax (203) 874-5765ORDER The above motion having been heard, it is hereby GRANTED/DENIED, and ordered accordingly. THE COURT BY. Assistant Clerk/Judge 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 PESONALLY, BUT IS NOTICE OF A POSSIBLE ENFORCEMENT OF THE LIEN AGAINST THE COLLATERAL PROPERTY. KAPUSTA, OTZEL & AVERAIMO Attorneys-at-Law 250 Broad Street, Milford, CT 06460-3236-Juris Number 003287+(203) 874-6773*Fax (203) 874-5765CERTIFICATION This is to certify that a copy of the foregoing Motion for Judgment, Proposed Affidavit of Debt, and Appraisal, has been mailed postage prepaid, this day and year afore written, to the following: LALENA JENNINGS 72 RED MOUNTAIN AVE. TORRINGTON, CT 06790 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS, INC.) 1818 LIBRARY STREET, SUITE 300 RESTON, VA 20190 /s/Paul Lewis Otzel, #100997 PAUL LEWIS OTZEL COMMISSIONER OF THE SUPERIOR COURT 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 PESONALLY, BUT IS NOTICE OF A POSSIBLE ENFORCEMENT OF THE LIEN AGAINST THE COLLATERAL PROPERTY. KAPUSTA, OTZEL & AVERAIMO Attorneys-at-Law 250 Broad Street, Milford, CT 06460-3236-Juris Number 003287+(203) 874-6773+Fax (203) 874-5765DOCKET NO.: LLI-CV16-6014386-S : SUPERIOR COURT U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES MO 2006- HE6, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES MO 2006-HE6 : J. D. OF LITCHFIELD VS. i AT LITCHFIELD LALENA JENNINGS, ET AL. : FEBRUARY 6, 2017 SCHEDULE A ASSIGNMENT ORDER OF LAW DAYS 1. LALENA JENNINGS: 2. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS, INC.): 3. TITLE VESTS TO PLAINTIFF THE PLAINTIFF BY_/s/Paul Lewis Otzel, #100997 PAUL LEWIS OTZEL KAPUSTA, OTZEL & AVERAIMO 250 Broad Street Milford, CT 06460 Telephone: (203) 874-6773 Juris: 003287 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 PESONALLY, BUT IS NOTICE OF A POSSIBLE ENFORCEMENT OF THE LIEN AGAINST THE COLLATERAL PROPERTY. KAPUSTA, OTZEL & AVERAIMO Attorneys-at-Law 250 Broad Street, Milford, CT 06460-3236-Juris Number 003287+(203) 874-6773*Fax (203) 874-5765DOCKET NO. LLI-CV16-6014386-S $ SUPERIOR COURT U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES MO 2006-HE6, ASSET BACKED PASS- THROUGH CERTIFICATES, SERIES MO 2006-HE6 : J.D. OF LITCHFIELD VS. i AT LITCHFIELD LALENA JENNINGS, ET AL. AFFIDAVIT OF DEBT STATE OF TEXAS COUNTY OF DENTON I, Christy Vieau , being duly sworn according to law, depose and say: | . . . Document Execution Specialist 1. Tam authorized to sign this affidavit as a(n)___—————C—C~CSCSCSCFs«NNaationstar Mortgage LLC (Nationstar). 2. Nationstar maintains records for the loan that is secured by the mortgage being foreclosed in this action. As part of my job responsibilities for Nationstar, I am familiar with the type of records maintained by Nationstar in connection with the loan. Be I have personal knowledge of the facts in this affidavit based upon a review of Nationstar's business records, and the information in this affidavit is taken from Nationstar's business records. I have personal knowledge of Nationstar's procedures for creating the records PURSUANT TO FEDERAL LAW, THIS LAW FIRM IS A DEBT COLLECTOR. PLEASE BE ADVISED THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE, 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, AFFIDAVIT OF DEBT Page 1 of 3maintained by Nationstar in connection with the loan. They are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; (b) made and kept in the usual and ordinary course of Nationstar's regularly conducted business activities; and (c) created by Nationstar as regular practice. Holder 4. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES MO 2006-HE6, ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES MO 2006-HE6 directly or through an agent, has possession of the promissory note and held the note at the time of filing the foreclosure complaint. The promissory note has been duly endorsed in blank. 5s I have reviewed the portion of Nationstar's business records that reflect the amounts due on the loan. They show LALENA JENNINGS defaulted, and the business records show amounts due on the loan through January 25, 2017 are due and unpaid. The amounts total $126,487.81 and consist of the following: Unpaid Principal Balance: $73,373.35 Interest Total $5,841.53 from [11/1/2015] to [1/25/2017] at [6.46%] $[5,841.53] Per Diem at $ (12.99) PURSUANT TO FEDERAL LAW, THIS LAW FIRM IS A DEBT COLLECTOR. PLEASE BE ADVISED THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE, 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. AFFIDAVIT OF DEBT Page 2 of 3Property Preservation Fees Property Tax Advances Hazard Insurance Advances Property Inspection Fees Streamline Mods Total: 6. It is requested that this counterclaims applicable to this loan. $101.00 $4,497.93 $763.00 $147.00 $41,764.00 $126,487.81 court take judicial notice that there are no setoffs or Printed Name: —Christy Viean Title: Document Execution Specialist Date: __ January 30, 2017 Sworn to and subscribed before me on the 30___ day of _ January » 2017 by Christy Vieau . (NOTARY SEAL) hase Teal Signature of Notary Public races — KAREN PROCK Notaty Public, State of Texas Gommr. Explies 11-30-2019 Notary 10 130453604 ae sal PURSUANT TO FEDERAL LAW, THIS LAW FIRM IS A DEBT COLLECTOR. PLEASE BE ADVISED THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE, 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. ‘AFFIDAVIT OF DEBT Page 3 of 3‘. . ‘ . 72redmountain#8TN Exterior-Only Inspection Residential Appraisal Report __Fieno. 72redmountain#8TN The purpose of his summary appraisal report is to provide the lender/client with an accurate, and adequalely supported, opinion of the market value of the subject property Property Address 72 Red Mountain Road. Gity Torrington State CT Zip Code 06790-3210 Borrower Jennings: ‘Owner of Public Record Jennings County Litchfield ‘Legal Descripion V968 P40 ‘Assessors Parcel? 119-004-009 Tax Vear 20151 RE Taxes $ 3,197.93 Neighborhood Name n/a. Map Reference 119) Census Tract 3107.00 Oceupant_[Jouner [Jrenant_[Jvacant ‘Special Assessments § (run Hoas per year [ Joermoni| Property Rights Appraised [X]Fee Simple [_Jteasenold _[Jotner (describe) ‘Assignment Type [Purchase Transaction [_JRetinance Transaction [XJOther (deserbe) Opinion of Value LenderGlient Kapusta, Otzel, & Averaimo ‘Addiess 250 Broad St. Milford, CT 08460 FL 32826 1s the subject property cure offered fr sale or has been ofeed or salen the twelve months prior othe effective dat ofthis appraisal? es [Jno Report dala sources) used, olfrng price(s) and date(s). Subject was listed @$99,900 on 09/09/2012. Listing expired 01/31/2013 after 114 days. T Loa Jot raya cont or sale rte sujet puchase vansacon Expats resale aaj he conta or Sl or why Whe aris wa ol paommed nla Contract Price $ n/a Date of Conract n/a 1s the property seler the owner of pubic record? [_Jves [Jo Data Source(s) n/a. Ts there any financial assistance (loan charges, sale concessions, il or downpayment assistance, elc) fo be pad by any party onbehalf ofthe borower? — L_J¥es [_JNo U1Yes, report the otal dolar amount and describe theltemsto be paid. nla. nla ‘Note: Race and the racial composition ofthe neighborhood are nol appraisal factors. Neighborhood Characteristics One-nit Housing Trends Onecunit Housing Present Land Use% Location [Jurban — [xJsuburban [Rural Property Values [_Jincreasing _[X)stable Dectining | PRICE ‘AGE _ | One-Unit 80 %| BuilUp [XJover 75% [_J25-75% [_Junder 25% [Demand/Supply [_Jshortage _[X)in Balance [_Jover Supply | s(000) (ws) [2-4 unit 20 %| Geowh [_Jrasid stable Marketing Time [JUnder3mins_(X)3-6mins [JOverémins | 30 tow 40 | uticfamiy 0% ‘Neighborhood Boundaries Subject is bordered on the north by Stonebridge Dr.: east by Rie. 8: 150 High 100+ | Commercial 0% =| south by Rte. 4; and west by Rte. 272. 90 Pred 80 [other 0% ‘Neighborhood Deseripion Subject neighborhood is a residential area. Homes vary is size, style and age, and appear to be in generall average to good condit ing relatively favorable and affordable, ‘Markel Conditions (including support forthe above conclusions) With interest rates and mortgage terms remair loan discounts, buydowns an sellers concessions are not a major factor in this market. Dimensions refer to deed nea .39 acres Shape irregular View avg ‘Specific Zoning Classification R6 Zoning Description RES Zoning Compliance .ogal_[_JLegal Nonconforming (Grandlathered Use) [_JNo Zoning [_Jiveaat (describe) Ts the highest and best use ofthe subject property as improved (or as proposed per plans and specifications) the present use? ves [Jno ito, describe Uulties __Publle Other (seseribe) Public Other (describe) Oit-sitcimprovemenis—Type Public Private Water x ‘Steet MacAdam SanitarySewer 1X ‘ley _none FEMA Special Flood Hazard zea _[_]Yes [XJNo__FEMA Flood Zone X FEMA Map? 09508100058, FEMA Map Dale 04/04/1983 ‘Ae the utiles and off-site improvements typical forthe market area? jes [JNo _ itNo, descr. ‘ve there any adverse site conditions or extemal factors (easements, encroachments, envianmenial conditions, land uses, ele)? [_JYes Electric Gas. joes, describe Sourcels) Used fo Physical Characerisies of Properly _[_JAppraisal les D