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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