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RETURN DATE: JANUARY 7, 2014 : SUPERIOR COURT
BANK OF AMERICA, N.A. : JUDICIAL DISTRICT OF
: LITCHFIELD
Vv. : AT LITCHFIELD
MICHAEL P COLANGELO, ET AL. : DECEMBER 10, 2013
COMPLAINT
1. The Plaintiff, BANK OF AMERICA, N.A. has an office and place of business with an address of
7105 Corporate Drive ,Plano, TX 75024.
2. At all times complained of herein, the Defendant(s), MICHAEL P COLANGELO and DAWN L
COLANGELO, owned real property situated in the Town of Torrington, County of Litchfield and State of
Connecticut known as 32 Falcon Ridge Road, Torrington, CT 06790, (hereinafter the "Property") being more
particularly described in Schedule A attached hereto and made a part hereof.
3. On or about September 27, 2002, the Defendant(s), MICHAEL P COLANGELO and DAWN L.
COLANGELO, executed and delivered to COUNTRYWIDE HOME LOANS, INC., a Note (the "Note") for
a loan in the original principal amount of $206,020.00.
4. On said date to secure said Note the Defendant(s), MICHAEL P COLANGELO and DAWN L
COLANGELO, did execute and deliver to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., a Mortgage on the Property. Said
Mortgage was dated September 27, 2002 and recorded October 1, 2002 in Volume 798 at Page 201 of the
Torrington Land Records. Said Mortgage was assigned to BANK OF AMERICA, N.A. by virtue of an
Assignment of Mortgage dated December 11, 2012 and recorded December 17, 2012 in Volume 1147 at Page
45 of the Torrington Land Records. The Plaintiff, BANK OF AMERICA, N.A., is the holder of said Note
291260 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589and Mortgage.
5. Said Note is in default and the Plaintiff, BANK OF AMERICA, N.A. 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.
6. The Plaintiff has provided written notice in accordance with the Note and Mortgage to the
Defendant(s) of the default under the Note and Mortgage, but said Defendant(s) have 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.
7. 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 Torrington may claim an interest in the Property by virtue of inchoate
liens for real estate taxes.
8. 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), HOUSEHOLD REALTY CORPORATION claims an interest in the
Property by virtue of a Mortgage originally in favor of COUNTRY WIDE HOME LOANS, INC. in the
original principal sum of $95,300.00 dated February 23, 2005 and recorded March 4, 2005 in Volume 916 in
Page 209 of the Torrington Land Records. Said Mortgage was thereafter assigned to HOUSEHOLD
REALTY CORPORATION by Assignment of Mortgage dated March 2, 2005 and recorded on April 3, 2006
in Volume 965 at Page 358 of the Torrington Land Records.
b. The Defendant(s), TIMBER LAKE HOMEOWNERS ASSOCIATION, INC. claims an
291260 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 © (860) 808-0606 @ JURIS NO. 101589interest in the Property by virtue of a Lien in the amount of $250.00 dated July 5, 2007 and recorded on July
5, 2007 in Volume 1017 at Page 492 of the Torrington Land Records.
c. The Defendant(s), TIMBER LAKE HOMEOWNERS ASSOCIATION, INC. claims an
interest in the Property by virtue of a Lien in the amount of $250.00 dated February 22, 2010 and recorded on
February 22, 2010 in Volume 1083 at Page 81 of the Torrington Land Records.
d. The Defendant(s), TIMBER LAKE HOMEOWNERS ASSOCIATION, INC. claims an
interest in the Property by virtue of a Lien in the amount of $250.00 dated February 22, 2010 and recorded on
February 22, 2010 in Volume 1083 at Page 80 of the Torrington Land Records.
e. The Defendant(s), TIMBER LAKE HOMEOWNERS ASSOCIATION, INC. claims an
interest in the Property by virtue of a Lien in the amount of $250.00 dated February 22, 2010 and recorded on
February 22, 2010 in Volume 1083 at Page 82 of the Torrington Land Records.
9. The Defendant(s) MICHAEL P COLANGELO and DAWN L COLANGELO, are the owners of
the equity of redemption of the Property and, on information and belief, are in possession of the Property.
10. The Plaintiff, BANK OF AMERICA, N.A., caused a Lis Pendens to be recorded on the Land
Records of the Town of Torrington.
11. The Plaintiff, BANK OF AMERICA, N.A., has further caused a notice to be given to the
Defendant(s), MICHAEL P COLANGELO and DAWN L COLANGELO, 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.
291260 HUNT LEIBERT JACOBSON, PC. # ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589291260
WHEREFORE, the plaintiff claims:
Peye
ms
9.
Foreclosure of the Mortgage;
Foreclosure of Mortgage pursuant to Conn. Gen. Stat. Sec 49-17.
Possession of the Property;
Money damages against the makers of, or obligors on, the Note described herein and/or their
Estates, if deceased, (unless same has been precluded by virtue of a Bankruptcy filing);
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);
Deficiency Judgment against the makers of, or obligors on, the Note described herein, and/or
their Estate, if deceased (unless same has been precluded by virtue of a Bankruptcy filing);
and
Such other and further relief as the Court may deem just and equitable.
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 10, 2013.
Plaintiff
yie
| O
By:
Hunt Leibert Jacobson, P.C.
Its Attorneys
HUNT LEIBERT JACOBSON, PC. ® ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 7, 2014 : SUPERIOR COURT
BANK OF AMERICA, N.A. : JUDICIAL DISTRICT OF
: LITCHFIELD
Vv. : AT LITCHFIELD
MICHAEL P COLANGELO, ET AL. : DECEMBER 10, 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.
291260 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 08120 @ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 7, 2014 : SUPERIOR COURT
BANK OF AMERICA, N.A. : JUDICIAL DISTRICT OF
: LITCHFIELD
Vv. : AT LITCHFIELD
MICHAEL P COLANGELO, ET AL. : DECEMBER 10, 2013
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
ged
By:
Hunt Leibert Jacobson, P.C.
Its Attorneys
291260 HUNT LEISERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 e@ (860) 808-0606 @ JURIS NO. 101589RETURN DATE: JANUARY 7, 2014 : SUPERIOR COURT
BANK OF AMERICA, N.A. : JUDICIAL DISTRICT OF
: LITCHFIELD
Vv. : AT LITCHFIELD
MICHAEL P COLANGELO, ET AL. : DECEMBER 10, 2013
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.
291260 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 e (860) 808-0606 @ JURIS NO. 101589Schedule A
That certain piece or parcel of Jand with all buildings and improvemenis thereon situated
: in the Town of Torrington, County of Litchfield and State of Connecticut, being shown and
designated as Lot 14 on a map entitled, “Subdivision Plan showing Timber Lake Estates II,
Torrington, Connecticut, Area = 4,398,180 square feet = 100.97 acres, Scale 1” = 100’ Owner of
Records: Thomas J. Ryan, Trustee #57 North Street, Danbury, CT 06810, Dated March 29, 1995
Revised October 11, 1995 to Revise Phase Line”, Michael J. Riordan Land Surveying, 701
Middleroad Turmpike, Woodbury, CT, which map is on file in the Torrington Town Cletk’s
Office as Map No. 4193 to which map reference may be had for a more particular description.
Said property is transferred together with:
1. Easement rights reserved by Timberlake Associates under an Easement Agreement
dated March 18, 1987 and recorded in Volume 432 at Page 730 of the Torrmgton
Land Records as amended by a document entitled: “Amendment to Easement
Agreement” dated January 23, 1991 and recorded in Volume 505 at Page 130 of the
Torrington Land Records.
2. A right of way over a portion of Lot 1 as shown on the aforementioned map which
right of way is more fully described in that certain Declaration of Easement by
Thomas W. Briggs dated April 10, 1996, and recorded in Volume 634 at Page 30 of
the Torrington Land Records.
3. Right of Way across proposed public highway Falcon Ridge Road as shown on ihe
aforementioned map for all purposed for which a public highway may be used.
Being the same premises conveyed from Riverview Associates of Waterbury Limited
Partnership to Brian Morin d/b/a Westconn Homes by Warranty Deed dated November 12, 1999
and recorded in Volume 711 at Page 513 of the Torrington Land Records.
291260 HUNT LEIBERT JACOBSON, PC. @ ATTORNEYS AT LAW
50 WESTON STREET @ HARTFORD, CONNECTICUT 06120 @ (860) 808-0606 @ JURIS NO. 101589