BANK OF AMERICA, N.A.,
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`Plaintiff,
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`STATE OF CONNECTICUT
`)
`SUPERIOR COURT
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`JUDICIAL DISTRICT OF DANBURY
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`Index No. DBD-CV21-6040025-S
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`September 10, 2021
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`VS.
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`HUGO R. HERNANDEZ A/K/A HUGH R.
`HERNANDEZ; MARIA AZUCENA
`LOPEZ Y LOPEZ F/K/A MARIA A.
`HERNANDEZ,
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`Defendants.
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`MOTION FOR ORDER OF NOTICE TO SERVE DEFENDANT HUGO R.
`HERNANDEZ A/K/A HUGH R. HERNANDEZ
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`Plaintiff Bank of America, N.A. (“Bank of America”), hereby respectfully moves this
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`Court for a an Order of Notice pursuant to Connecticut Practice Book §§ 11-4 and 11-6 in order
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`to provide notice of this action to Defendant Hugo R. Hernandez a/k/a Hugh R. Hernandez
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`(“Defendant”).
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`Plaintiff has been unable to locate and serve Defendant with the Summons, Complaint, Lis
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`Pendens, and exhibits (hereinafter, the “Complaint”) despite due diligence. Plaintiff initially
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`believed that Defendant resides at the subject Property located at 136 Osborne Street, Danbury
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`Connecticut 06810 with defendant Maria Azucena Lopez y Lopez f/k/a Maria A. Hernandez
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`(“defendant Maria Lopez”). However, upon completion of service of process upon co-defendant
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`Maria Lopez, Plaintiff learned that Defendant does not reside at the Property. Plaintiff submits an
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`Affirmation in support of this Motion regarding its attempts to locate and serve Defendant with
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`the Complaint.
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`WHEREFORE, Plaintiff respectfully moves for an Order of Notice, directing that notice
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`of the institution of this action be given to Defendant (whose address is unknown) by publishing a
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`136045.90243/126766137v.1
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`copy of an Order of Notice on the Legal Notices page of the Judicial Branch website
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`(http://civilinquiry.jud.ct.gov/LegalNoticeList.aspx).
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`Dated: September 10, 2021
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`THE PLAINTIFF,
`BANK OF AMERICA, N.A.
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`
`By: s/ Alina Levi
`ALINA LEVI
`Blank Rome LLP (Juris 442139)
`1271 Avenue of the Americas
`New York, NY 10020
`Ph:
`(212) 885-5000
`Fax:
`(917) 332-3810
`Em: alevi@blankrome.com
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`136045.90243/126766137v.1
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`

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`CERTIFICATION OF SERVICE
`
`I hereby certify that the foregoing Motion for Extension of Time to Serve was served via
`regular mail or electronic mail on this 10th day of September, 2021 upon the following:
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`Maria Azucena Lopez y Lopez f/ka Maria A. Hernandez
`136 Osborne Street
`Danbury, Connecticut 06810
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`Dated: September 10, 2021
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`s/ Alina Levi
`Alina Levi
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`136045.90243/126766137v.1
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`

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`VS.
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`STATE OF CONNECTICUT
`SUPERIOR COURT
`)
`
`)
`JUDICIAL DISTRICT OF DANBURY
`)
`
`)
`
`)
`Index No. DBD-CV21-6040025-S
`)
`
`)
`
`)
`September 10, 2021
`)
`
`)
`)
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`)
`
`BANK OF AMERICA, N.A.,
`
`
`Plaintiff,
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`
`HUGO R. HERNANDEZ A/K/A HUGH R.
`HERNANDEZ; MARIA AZUCENA
`LOPEZ Y LOPEZ F/K/A MARIA A.
`HERNANDEZ,
`
`
`Defendants.
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`AFFIRMATION OF ALINA LEVI, ESQ. IN SUPPORT OF
`MOTION FOR ORDER OF NOTICE
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`
`STATE OF NEW YORK:
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`COUNTY OF NEW YORK:
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`
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`I, Alina Levi, being duly sworn, make the following statements based upon personal
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`knowledge:
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`1.
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`2.
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`I am over the age of eighteen (18) years and understand the obligations of an oath.
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`I am an associate at Blank Rome LLP, attorneys for Plaintiff Bank of America,
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`N.A. (“Plaintiff’), in the above-captioned action, and as such am fully familiar with the facts
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`hereinafter set forth.
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`3.
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`I submit this Affirmation in support of Plaintiff’s Motion for an Order of Notice
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`permitting Plaintiff to serve Defendant Hugo R. Hernandez a/k/a Hugh R. Hernandez
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`(“Defendant”) with the Summons, Complaint, Lis Pendens, and exhibits (“Complaint”) by
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`publication on the Legal Notices page of the Judicial Branch website. A true and accurate copy of
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`the Complaint is attached hereto as Exhibit A.
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`4.
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`At the time of initial preparation of the Complaint and initial attempt to serve
`1
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`136045.90243/126766224v.1
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`process, Plaintiff was of the information and belief that defendants resided at the property located
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`at 36 Osborne Street, Danbury, Connecticut 06810 (“Property”).
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`5.
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`On June 26, 2021, Plaintiff personally served defendant Maria Azucena Lopez Y
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`Lopez f/k/a Maria A. Hernandez (“Maria Lopez”) with the Complaint by and through Connecticut
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`State Marshal Robert B. Gyle III at her residence, the Property. A true and accurate copy of the
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`Return of Service is attached as Exhibit B. At the time of service, Marshal Gyle determined that
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`Defendant does not reside at the Property and no longer resides in the state of Connecticut.
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`6.
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`Marshal Gyle also certified that on June 28, 2021, he filed the Lis Pendens in the
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`office of the Town Clerk of the City of Danbury and paid the requisite fee.
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`7.
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`On June 29, 2021, Plaintiff submitted a request to Capital Process Services, Inc. to
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`attempt to serve process on Defendant at the following three (3) alternate addresses associated with
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`the Defendant pursuant to a People Search that Plaintiff conducted:
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`a. 2906 Madison Place, Falls Church, Virginia 22042-2122;
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`b. 3074 Patrick Henry Drive, Apt. 202, Falls Church, Virginia 22044; and
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`c. 8254 Uxbridge Court, Richmond, Virginia 23294.
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`8.
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`On June 29, 2021, Maria Lopez contacted the undersigned by telephone and
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`advised that she is Defendant’s ex-wife and that Defendant no longer resides in the Property or in
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`the state of Connecticut. Several minutes later, the undersigned received another call from Maria
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`Lopez and her and Defendant’s daughter, Rosley Addair. Rosley Addair advised that she is twenty
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`years of age and that she does not know if her father, the Defendant, resides in Virginia or whether
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`he has left the United States.
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`9.
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`On July 1, 2021 at approximately 6:54 p.m., Abel Emiru, a Private Process Server
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`at Capital Process Services, Inc. (“Capital”) attempted to serve Defendant with the Complaint at
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`the 2906 Madison Place, Falls Church, Virginia 22042 address. A true and correct copy of the
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`Affidavit of Due Diligence of Abel Emiru (“Emiru Affidavit”) is attached hereto as Exhibit C.
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`Mr. Emiru observed spoke to Defendant’s niece who resides at said address. Per the Emiru
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`Affidavit, Defendant’s niece advised that she has was not in contact with Defendant but that the
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`last she heard, he had moved to either Utah or Richmond, Virginia. See id. Defendant’s niece was
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`unable to provide Defendant’s address. See id.
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`10.
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`On July 6, 2021 at approximately 7:14 p.m., Mr. Emiru, the Capital process server,
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`attempted to serve Defendant with the Complaint at the 3074 Patrick Henry Drive, Apartment 202,
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`Falls Church, Virginia 22044 address. See Exhibit C. Per the Emiru Affidavit, Mr. Emiru spoke
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`with the current tenant who advised that no one named Hugo R. Hernandez or Hugh R. Hernandez
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`resided therein. Id.
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`11.
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`On July 8, 2021, the undersigned received a telephone call from Maria Lopez and
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`her and Defendant’s daughter, Ruby Hernandez, who indicated that they would communicate with
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`other family members to determine Defendant’s whereabouts.
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`12.
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`On July 12, 2021, the undersigned requested that Capital conduct a location
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`search/skip trace for Defendant.
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`13.
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`On July 13, 2021, Plaintiff electronically filed the Complaint commencing the
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`action seeking to vacate the Erroneous Satisfaction of Mortgage. The same day, Plaintiff also filed
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`the Return of Service for Maria Lopez.
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`14.
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`On July 14, 2021 at approximately 6:01 p.m., David Felter, a licensed District of
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`Columbia Private Investigator attempted to locate Defendant. See Exhibit C. Mr. Felter was
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`unable to locate a current address for Defendant and found that the last sign of Defendant living
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`within the United States was in May of 2016 and that based on the lack of activity, there is a
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`possibility he is no longer living in the country. See Exhibit C.
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`15.
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`On July 19, 2021, the undersigned called Maria Lopez to determine whether she
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`had spoken to Defendant or had determined Defendant’s location for service of process. Maria
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`Lopez indicated that she would have her daughter call back with an update. The same day, Maria
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`Lopez’s daughter Rosley Addair called the undersigned and advised that she has not been able to
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`reach her father, the Defendant, but is contacting relatives to determine his location.
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`16.
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`On July 29, 2021, the undersigned spoke with Rosley Addair on the telephone, who
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`advised that she communicated with Defendant Hernandez’s relatives, who are looking for an
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`address for Defendant Hernandez.
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`17.
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`As described above, despite due diligence and numerous attempts, Plaintiff was
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`unable to locate Defendant to serve him with the Complaint. A true and correct copy of the
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`Affidavit of Due Diligence of Abel Emiru (“Emiru Affidavit”) is attached hereto as Exhibit C.
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`18.
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`As detailed in the Emiru Affidavit, Plaintiff has been unable and will be unable
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`with due diligence, to complete service of process upon Defendant in Connecticut or any other
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`state, as Defendant is no longer a resident of Connecticut and appears to no longer be a resident of
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`the state of Virginia based upon Plaintiff’s attempts to serve Defendant in Virginia after conducting
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`a People Search and a skip trace.
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`19.
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`Accordingly, Defendant cannot be served by any method of service under Conn.
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`Gen. Stat. §§ 52-54 or 52-57a with due diligence.
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`20.
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`A previous application for an order of publication was made in this matter along
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`with a motion for extension of time to serve Defendant, which was granted without a signed Order
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`by Order on August 19, 2021 [Entry No. 102.01]. However, no Order of Notice was signed by the
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`Court.
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`136045.90243/126766224v.1
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`21.
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`The Danbury Clerk’s Office then directed Plaintiff to separately file an Order of
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`Notice and Motion for Extension of Time. On August 25, 2021, Plaintiff filed a separate Motion
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`for Extension of Time [Entry No. 104.00] and a separate Order of Notice as Served [Entry No.
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`105.00].
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`22.
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`On September 8, 2021, the Order of Notice as Served was rejected by the clerk and
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`[Entry No. 105.01] and the Court issued an Order denying the CaseFlow Request [Entry No.
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`106.00] stating that Plaintiff must file a separate Motion for Order of Notice [Entry No. 106.01].
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`23.
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`As such, Plaintiff now moves for an Order of Notice.
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`WHEREFORE, Plaintiff respectfully requests that the Court issue an Order of Notice,
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`directing that notice of the institution of this action be given to Defendant by publishing a copy of
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`an Order of Notice on
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`the Legal Notices page of
`
`the Judicial Branch website
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`(http://civilinquiry.jud.ct.gov/LegalNoticeList.aspx).
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`Dated: September 10, 2021
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` s/ Alina Levi
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`
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`Alina Levi, Esq. (Juris No. 442139)
`
`Commissioner of the Superior Court
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`136045.90243/126766224v.1
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`5
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`

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`EXHIBIT A
`EXHIBIT A
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`

`

`SUMMONS- CIVIL
`JD-CV-1 Rev. 2-20
`C.G.S, §§ 51-346, 51-347, 51-349, 51-350, 52-45a, 52-48, 52-259;
`P.B. §§ 3-1 through 3-21, 8-1, 10-43
`Instructions are on page 2.
`|] Select if amount, legalinterest, or property in demand,notincluding interest and costs, is LESS than $2,500.
`[x] Select if amount, legalinterest, or property in demand, notincluding interest andcosts, is $2,500 or MORE.
`[X] Select if claiming otherrelief in addition to, or in place of, money or damages.
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`go to: www,jud.ct.gov/ADA. www.jud.ct.gov
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`Forinformation on
`ADA accommodations,
`contact a court clerk or
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`
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`STATE OF CONNECTICUT
`SUPERIOR COURT &
`‘
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`
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`TO: Any properofficer
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`By authority of the State of Connecticut, you are hereby commanded to make due andlegalservice of this summonsand attached complaint.
`Address of court clerk (Number, street, town and zip code)
`Telephone number of clerk
`Return Date (Must be a Tuesday)
`146 White Street, Danbury, Connecticut 06810
`(203 ) 207 - 8600
`July 20, 2021
`
`Judicial District
`GA.
`At (City/Town)
`Casetype code (See list on page 2)
`
`LJ Housing Session
`[] Number: _| Danbury, Connecticut
`Major: Prop
`Minor: P20
`Forthe plaintiff(s) enter the appearanceof:
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`Name and addressof attorney, law firm orplaintiff if self-represented (Number, street, town and zip code)
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`Juris number(ifafttomey orflaw firm)
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`| 442139
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`Alina Levi | Blank Rome LLP, 1271 Avenue oftheAmericas, NewYork, NY 10020
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`Signature ofplaintiff (if self-represented)
`Telephone number
`(212) 885 - 5195
`ts
`E-mail address for delivery of papers under Section 10-13 of the
`The attorney orlaw firm appearing forthe plaintiff, or the plaintiff if
`Connecticut Practice Book(if agreed)
`self-represented, agrees to accept papers (service) electronically
`in this case under Section 10-13 of the Connecticut Practice Book.
`[X] Yes
`[_] No
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`alevi@blankrome.com
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`
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`country,if not USA)
`Name(Last, First, Middleinitial) and address of each party (Number:street: P.O. Box; town;state; zip;
`Parties
`First
`Name: Bank of America, N.A.
`
`
`plaintiff
`Address: 100 North Tryon Street, Charlotte, North Carolina 28255
`Additional|Name:
`plaintiff
`Address:
`
`First
`Name: Maria Azucena Lopez y Lopez fik/a Maria A. Hernandez
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`defendant|Address: 136 OsborneStreet, Danbury, Connecticut 06810 |
`D-01
`
`
`Additional|Name: Hugo R. Hernandeza/k/a Hugh R. Hernandez p02
`defendant|Address: 136 OsborneStreet, Danbury, Connecticut 06810
`
`
`Additional|Name: D-03
`defendant|Address:
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`
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`Additional|Name: ,
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`defendant|Address: p04
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`Total numberof plaintiffs: 4 | [| Form JD-CV-2 attached for additional parties | Total numberof defendants: 2
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`
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`
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`Notice to each defendant
`1. Youare being sued. This is a summonsin a lawsuit. The complaint attached states the claims the plaintiff is making against you.
`2. To receive further notices, you or your attorney mustfile an Appearance(form JD-CL-12) with the clerk at the address above. Generally,
`it must be filed on or before the second dayafter the Return Date. The Return Date is nota hearing date. You do not have to cometo
`court on the Return Date unless you receive a separate notice telling you to appear.
`If you or your attorney do notfile an Appearanceon time, a default judgment may be entered against you. You can get an Appearance
`form at the court address above, or on-line at https://jud.ct.gov/webforms/.
`If you believe that you have insurance that may coverthe claim being made against you in this lawsuit, you should immediately contact
`your insurance representative. Other actions you may take are described in the Connecticut Practice Book, which may be found ina
`superior court law library or on-line at https://www.jud.ct.gov/pb.htm.
`If you have questions about the summons and complaint, you should talk to an attorney.
`5.
`The court staff is not allowedto give advice on legal matters.
`
`Date
`Signed (Sign and select proper box)
`[X Commissioner of Superior Court_|
`Nameofpersonsigning
`Clerk |
`06/17/2021
`Qliteschss
`O
`Alina Levi
`
`
`If this summonsis signed by a Clerk:
`For Court Use Only
`File Date
`a. The signing has been donesothattheplaintiff(s) will not be denied access to the courts.
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`b.
`It is the responsibility of the plaintiff(s) to ensure that service is madein the mannerprovided by law.
`c. The court staff is not permitted to give any legal advice in connection with any lawsuit.
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`d. The Clerk signing this summonsat the request of the plaintiff(s) is not responsible in any way for any
`errors or omissions in the summons,anyallegations contained in the complaint, or the service of the
`summons or complaint.
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`Docket Number
`| certify | have read and|Signed (Self-represented plaintiff) Date
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`understand the above:
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`
`
`
`
`o
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`4.
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`Page1 of 2
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`

`

`Instructions
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`2.
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`Type orprint legibly. Ifyou are a self-represented party, this summons must be signed by a clerk of the court.
`If there is more than one defendant, make a copy of the summonsfor each additional defendant. Each defendant mustreceive a copy of
`this summons. Each copy of the summons must show who signed the summons and whenit was signed. If there are more than two
`plaintiffs or more than four defendants, complete the Civil Summons Continuation of Parties (form JD-CV-2) andattach it to the original
`andall copies of the summons.
`3. Attach the summonsto the complaint, and attach a copy of the summons to each copy of the complaint. Include a copy of the Civil
`Summons Continuation of Parties form,if applicable.
`4. After service has been made by a properofficer, file the original papers and the officer's return of service with the clerk of the court.
`5. Use this summonsfor the case type codes shown below.
`Do not use this summonsfor the following actions:
`(a) Family matters (for example divorce, child support.
`custody, paternity, andvisitation matters)
`(b) Any actions orproceedings in which an attachment,
`garnishmentor replevy is sought
`(c) Applications for change ofname
`(d) Probate appeals
`
`(e) Administrative appeals
`(| Proceedings pertaining to arbitration
`(g) Summary Process (Eviction) actions
`(h) Entry and Detainerproceedings
`(i) Housing Code Enforcementactions
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`Quiet Title/Discharge of Mortgageor Lien
`Asset Forfeiture
`All other
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`
`
`
`
`
`
`Case Type Codes
`CODE
`MAJOR
`MAJOR
`CODE
`MINOR DESCRIPTION
`MINOR DESCRIPTION
`DESCRIPTION Majer
`DESCRIPTION
`pail
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`
`
`Contracts 00|Construction - All other POO|ForeclosureProperty
`
`
`c10
`Partition
`Construction - State and Local
`P10
`C20
`Insurance Policy
`P20
`
`C30
`Specific Performance
`P30
`C40
`Collections
`P30
`
`C60
`Uninsured/Underinsured Motorist Coverage
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`60|Uniform Limited Liability Company Act -C.G.S. 34-243
`
`
`C90|All other T02|Defective Premises- Private - Snow orIceTorts (Other
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`than Vehicular) T03|Defective Premises - Private - Other
`
`
`Eminent E00|State Highway Condemnation T1411|Defective Premises - Public - Snow or Ice
`
`
`
`Domain £10|Redevelopment Condemnation T12|Defective Premises - Public - Other
`
`
`
`E20|Other State or Municipal Agencies T20|Products Liability - Other than Vehicular
`
`
`E30|Public Utilities & Gas Transmission Companies T28|Malpractice - Medical
`
`
`E90|All other T29|Malpractice - Legal
`
`
`730|Malpractice - All other
`
`
`Housing H 10|Housing- Return of Security Deposit T40|Assauk and Battery
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`
`
`
`H 12|Housing - Rent and/or Damages ion Defamation
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`
`
`40|Housing - Housing - Audita Querela/Injunction 64 Animals ~ Dog
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`H 50|Housing - Administrative Appeal T69|Animals - Other
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`
`
`H 60|Housing - Municipal Enforcement T70|False Arrest
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`H 90|Housing - All Other T74|Fire Damage
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`T90|All other
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`Miscellaneous M00|Injunction
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`
`M10|Receivership Vehicular Torts|V01|Motor Vehicles‘ - Driver and/or Passenger(s) vs. Driver(s)
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`M 15|Receivership for Abandoned/Blighted Property V04|Motor Vehicles’ - Pedestrian vs. Driver
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`M20|Mandamus V05|Motor Vehicles‘ - Property Damage only
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`M30|Habeas Corpus(extradition, release from Penal Institution) V6|Motor Vehicle’ - Products Liability Including Warranty
`
`M40|Arbitration VO9|Motor Vehicle’ - All other
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`M50|Declaratory Judgment v10 Boats
`
`
`M63|Bar Discipline V20|Airplanes
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`M66|Department of Labor Unemployment Compensation V30|Railroads
`Enforcement V40|Snowmobiles
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`All other
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`M 68|BarDiscipline - Inactive Status ae
`“Motor Vehicles include cars, trucks,
`M70|Municipal Ordinance and Regulation Enforcement
`motorcycles, and motor scooters.
`M80|Foreign Civil Judgments - C.G.S, 52-604 &C.G.S. 50a-30
`
`M83|Small Claims Transfer to Regular Docket
`Wills, Estates W10|Construction of Wills and Trusts
`
`M 84|Foreign Protective Order
`and Trusts W80|All other
`
`M89|CHROActionin the Public Interest - P_A, 19-93
`M80|All other
`
`
`
` Page2 of 2
`
`€
`

`

`STATE OF CONNECTICUT
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF DANBURY
`
`June 16, 2021
`
`) )
`
`)
`)
`
`) )
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`)
`)
`)
`)
`)
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`RETURN DATE: July 20, 2021
`
`BANK OF AMERICA, N.A.,
`
`Plaintiff,
`
`VS.
`
`HUGO R. HERNANDEZ A/K/A HUGH R.
`HERNANDEZ: MARIA AZUCENA
`LOPEZ Y¥Y LOPEZ F/K/A MARIA A.
`HERNANDEZ,
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff, Bank of America, N.A. (“Bank of America” or “Plaintiff’), by and throughits
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`counsel, hereby files this Complaint against Defendants, Hugo R. Hernandez a/k/a Hugh R.
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`Hernandez and Maria Azucena Lopez y Lopez f/k/a Maria A. Hernandez (collectively,
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`Defendants”), and in support thereof, states as follows:
`
`l,
`
`This is an action for equitable and declaratory relief in connection with the real
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`property commonly known as 136 Osborne Street, Danbury, CT 06810 (the “Property”) and
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`more particularly described as follows:
`
`All that certain piece or parcel of land together with the buildings
`and improvements thereon situated in the City of Danbury, County
`of Fairfield and State of Connecticut being shown and designated
`as “Parcel B 10,975 sq.
`ft.” on a certain map entitled, “Map
`Prepared for Tamas Biro at Danbury, Connecticut Scale 1” = 20°
`April 22, 1992” which said mapis on file in the office of the Town
`Clerk of Danbury as Map No. 9733.
`
`Together with all that certain piece or parcel of land, shown and
`designated as “Parcel “Y’ 844 sq.ft. to be conveyed from Robert
`and Sylvia Billings to Tamas Biro” on a certain map entitled
`“Property Survey Prepared for Robert S. and Sylvia M.Billings,
`134 Osborne Street, City of Danbury, Fairfield County, CT June 9,
`1993 Scale 1” = 20’, Revised Sept. 21, 1993 to Show Property
`Line Exchange, Area = 10,177 sq. ft., 0.2336 Acres” which mapis
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`

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`filed as Map No.9946.
`
`Exempting therefrom all that certain piece or parcel of land, shown
`and designated as “Parcel *“X’ 287 sq.
`ft. to be conveyed from
`Tomas Biro to Robert and Sylvia Billings” on a certain map
`entitled “Property Survey Prepared for Robert 8. and Sylvia M.
`Billings, 134 Osborne Street, City of Danbury, Fairfield County,
`CT June 9, 1993 Scale 1° — 20’, Revised Sept. 21, 1993 to Show
`Property Line Exchange, Area = 10,177 sq. ft., 0.2336 Acres,”
`which map was prepared by Paul A, Hiro, R.L.S., and which map
`is filed as Map No, 9946.
`
`Together with and subject to a Right of Way five (5) feet in width
`running along the length of and on both sides of the common
`border between Parcels A and B shown on said Map No. 9733. The
`purpose of said Right of Way is for ingress and egress, in every
`manner, over and across such Right of Way to each Parcel A and
`B. The intent herein is to create a ten (10) foot wide Right of Way
`along said common border, five (5) feet of which is over Parcel A
`and five (5) feet over Parcel B, with both Parcels having the right
`to utilize same. Such Right of way shall run the length of each lot
`five (5) feet
`in width from Osborne St. on the North to the
`Southerly line of each lot on the South and shall always remain
`unobstructed. This Right of Way shall run with the land and is for
`the benefit of both Parcels A and B. If only one parcel utilizes
`same, then all maintenance shall be the responsibility of the Parcel
`so utilizing.
`If both parties utilize same each shall share the
`maintenance based upon a proportion or
`ratio which has a
`numerator of the numberof linear feet used by a given Parcel from
`Osborne Street to the point within its Parcel where the traveled
`way branches off the Right of Way onto the Parcels and a
`denominator equaling the sum of the two numerators. Maintenance
`shall include, but not be limited to snow removal and reasonable
`maintenance to keep the traveled portion passable without
`difficulty. It shall not include installation of the driveway which
`will be the responsibility of Parcel A. Any disputes hereunder will
`be settled by binding arbitration pursuant to and under the auspices
`of the American Arbitration Association.
`
`2.
`
`Plaintiff is the holder of a note secured by a duly recorded mortgage that
`
`encumbered the Property before it was erroneously released of record.
`
`3.
`
`Accordingly, Plaintiff seeks a judgment ordering that the erroneous release be
`
`vacated and declaring that the mortgageis reinstated as a valid, outstanding lien on the Property
`
`nunc pro tunc to April 4, 2005.
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`PARTIES
`
`4,
`
`Plaintiff, Bank of America, N.A., is a national banking association organized and
`
`existing under the laws of the United States of America with its principal place of business
`
`located at 100 North Tryon Street, Charlotte, North Carolina 28255.
`
`3.
`
`On information and belief, Defendant, Hugo R. Hernandez, is an individual who
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`currently resides at 136 Osborne Street, Danbury, CT 06810.
`
`6.
`
`Oninformation and belief, Defendant, Maria Azucena Lopez y Lopez f/k/a Maria
`
`A. Hernandez, is an individual whocurrently resides at 136 Osborne Street, Danbury, CT 06810.
`
`FACTUAL ALLEGATIONS COMMONTO ALL COUNTS
`
`¥e
`
`Through a Warranty Deed, dated January 13, 1999 and recorded in the Danbury
`
`Town Clerk’s Office (the “Clerk's Office”) on January 14, 1999 at Book 1249, Page 170,
`
`Defendants became the record owners of the Property (the “Deed”).' A true and correct copy of
`
`the Deedis attached hereto as Exhibit A.
`
`8.
`
`On or about April 4, 2005, Defendants obtained a loan in the principal amount of
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`$100,000.00, which is evidenced by a Consumer Note and Security Agreement dated April 4,
`
`2005 (the “Note”), executed and delivered to Fleet National Bank, a Bank of America Company
`
`(“Fleet”). A true and correct copy of the Note is attached hereto as Exhibit B.
`
`9,
`
`The Note is indorsed in blank by Plaintiff.
`
`10.
`
`As security for the Note, on April 4, 2005, Defendants executed and delivered to
`
`Fleet a mortgage (hereinafter the “Mortgage” and together with the Note,
`
`the “Loan”)
`
`encumbering the Property, which was recorded in the Clerk’s Office on May 10, 2005 at Book
`
`' Upon information and belief, Hugh R. Hernandez and Hugo R. Hernandez are the same person.
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`136045,90243/126130589Vv. |
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`1756, Page 690 (the “Mortgage”). A true and correct copy of the Mortgage is attached hereto as
`
`Exhibit C.
`
`ll,
`
`Effective June 13, 2005, Fleet was merged into and underthe charter andtitle of
`
`Bank of America. Attached hereto as Exhibit D is a true and correct copy of an Assistant
`
`Secretary’s Certificate that was signed by a Bank of America employee and that describesthis
`
`merger in further detail.
`
`12.
`
`On or about May 23, 2017, Bank of America, as Successor by Merger to Fleet
`
`National Bank fka BankBoston, N.A., erroneously executed a Release of Mortgage which stated
`
`that the debt secured by the Mortgage had been paid in full (the “Erroneous Release”). The
`
`Erroneous Release was mistakenly recorded with the Clerk’s Office on May 30, 2017 at Book
`
`2396, Page 249. A true and correct copy of the Erroneous Release is attached hereto as Exhibit
`
`E,
`
`Ta.
`
`At the time the Erroneous Release was recorded on May 30, 2017, the Loan had
`
`not been paid off. Thus, the Erroneous Release was executed, delivered, and recordedin error,
`
`14.
`
`To date, the Loan has not been paid off. As of April 30, 2021, the amount owed
`
`in connection with the Loan is $45,676.82. A true and correct copy of a Payoff Statement for the
`
`Loanis attached hereto as Exhibit F.
`
`15.
`
`Despite executing and recording the Erroneous Release, Plaintiff has continued to
`
`service the Loan asif it remains anactive lien on the Property.
`
`16.
`
`In addition, Defendants continued to remit monthly payments on the Loan for
`
`more than two and a half two years after the Erroneous Release was recorded and are currently
`
`paid through the January 2020 installment. See Ex. F.
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`17.
`
`Plaintiff's execution of the Erroneous Release has left it without any adequate
`
`legal remedy to protectits security interest, thus requiring the equitable powers of this Court.
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`18.
`
`On October 2, 2014, Maria Azucena Lopez y Lopez executed a Certificate of
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`Name Change indicating that she was changing her name from Maria A. Hernandez to Maria
`
`Azucena Lopez y Lopez (the “Certificate”), A true and correct copy of the Certificate is attached
`
`hereto as Exhibit G.
`
`19.
`
`Plaintiff now initiates this action seeking to cancel and vacate the Erroneous
`
`Release.
`
`COUNT I- DECLARATION CANCELLING AND VACATING THE ERRONEOUS
`RELEASE, NUNC PRO TUNC, TO APRIL 4, 2005 AND REINSTATING THE
`MORTGAGEAS A VALID LIEN
`
`20.‘
`
`Plaintiff hereby incorporates by reference the allegations set forth Paragraphs 1
`
`through 19 in this Complaint as if fully set forth herein.
`
`21,
`
`The Erroneous Release was executed in error, as the debt secured by the
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`Mortgage had not been satisfied as of May 30, 2017 and has not beensatisfied as of the date of
`
`this filing.
`
`22,
`
`The Mortgage has not beenpaid in full and remains outstanding, as evidenced by
`
`the enclosed Payoff Statement. See Ex. F.
`
`23.
`
`Accordingly, Plaintiff seeks to cancel, discharge, and vacate the Erroneous
`
`Release, mune pro tunc, to May 30, 2017 and reinstate the Mortgage as a valid lien encumbering
`
`the Property, nunc pre tunc, to April 4, 2005.
`
`24.
`
`Plaintiff and Defendants should be reinstated to the same position that they were
`
`in prior to Plaintiff's inadvertent execution and recording of the Erroneous Release.
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`25.
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`There will no prejudice to any party by allowing the Erroneous Release to be
`
`cancelled, discharged, and vacated, and no parties have changedtheir positions in reliance on the
`
`validity of the Erroneous Release.
`
`WHEREFORE,as to Count I, Plaintiff respectfully requests that this Court enter an
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`Order: (a) canceling, discharging, and vacating the Erroneous Release, nunc pro tunc, to May 30,
`
`2017 and directing the Clerk’s Office to mark the Erroneous Release as canceled and vacated;
`
`(b) reinstating the Mortgageasa valid, first position lien on the Property, nunc pro tunc, to April
`
`4, 2005 as if the Erroneous Release had never been recorded; (c) directing the Clerk of the
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`Superior Court to index such Order in the namesofall parties hereto; and (d) awarding all such
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`otherrelief as the Court may deem just and proper.
`
`THE PLAINTIFF,
`BANK OF AMERICA,N.A.
`
`Dated: June 16, 2021
`
`.
`Dp
`he
`
`YL. y
`ALINA LEVI
`Blank Rome LLP (Juris 442139)
`1271 Avenue of the Americas
`New York, NY 10020
`Ph:=(212) 885-5000
`Fax:
`(917) 332-3810
`Em: alevi@blankrome.com
`
`By:
`
`136045.90243/126130589v.1
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`

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`RETURN DATE: July 20, 2021
`
`) SUPERIOR COURT
`
`STATE OF CONNECTICUT
`
`JUDICIAL DISTRICT OF DANBURY
`
`)
`)
`
`) )
`
`BANK OF AMERICA,N.A.,
`
`Plaintiff,
`
`VS.
`
`)
`)
`_)
`HUGO R. HERNANDEZ A/K/A HUGH R.
`HERNANDEZ AND MARIA AZUCENA_)
`LOPEZ Y LOPEZ F/K/A MARIAA.
`)
`HERNANDEZ,
`)
`
`June 16, 2021
`
`Defendants.
`
`AMOUNT IN DEMAND
`
`The amount,
`
`legal
`
`interest or property in demand is more than Fifteen Thousand
`
`($15,000.00) Dollars exclusiveofinterest andcosts.
`
`THE PLAINTIFF,
`BANK OF AMERICA, N.A.
`
`a
`
`Dated: June 16, 2021
`
`Vie
`ALINA LEVI
`Blank Rome LLP (Juris 442139)
`1271 Avenue of the Americas
`New York, NY 10020
`Ph:=(212) 885-5000
`Fax:
`(917) 332-3810
`Em: alevi@blankrome.com
`
`By:
`
`136045.90243/126130589v.1
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`

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`EXHIBIT A
`
`

`

`DUUN. 4649 Page. 4/U rage. 2 ure
`
`vol.124 9race0170
`WARRANTYDEED
`
`TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING:
`
`(the Grantor") of the City of
`KNOW, YE, THAT SHAHID BUTT,
`Danbury, County of Fairfield, and State of Connecticut
`for the
`consideration of
`ONE
`HUNDRED THIRTEEN THOUSAND AND
`00/100
`($113,000.00)
`receipt of which is hereby acknowledged, does hereby
`
`bargain, convey, give, grant, and sell
`
`to HUGH R. HERNANDEZ and
`
`(the
`CT 06810
`3 Highland Avenue, Danbury,
`MARIA HERNANDEZ of
`"Grantees"), and unto the survivor of them and unto such survivor's
`heirs,
`legal representatives, successors and assigns forever
`
`SEE SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF
`
`TO HAVE AND TQ HOLD the premises hereby conveyed with the
`appurtenances thereof, unto the Grantees, and unto the survivor of
`them and unto such survivor's heirs,
`legal
`representatives,
`successors and assigns forever,
`to their own proper use and behoof,
`and the Grantor does for the Grantor,
`the Grantor's heirs,
`legal
`representatives,
`successors
`and
`assigns,
`covenant with
`the
`Grantees, and with the survivor of them and with such survivor's
`heirs,
`legal representatives, successors and assigns,
`that at and
`until the ensealing of these presents,
`the Grantor is well seized
`ef the Premises as a good indefeasible estate in fee simple;
`the
`Grantor has good right to grant and convey the same in the manner
`and form as set forth herein; and the Premises are fr