throbber
DOCKET NO.: FBT-CVl7-6064726 S
`
`STEARNS LENDING, LLC
`
`VS.
`
`ESTEBAN RAMOS
`
`:
`
`:
`
`:
`
`SUPERIOR COURT
`
`J .D. OF FAIRFIELD
`
`AT BRIDGEPORT
`
`MEMORANDUM IN SUPPORT OF
`
`MOTION FOR SUMMARY JUDGMENT
`
`Pursuant to Connecticut Practice Book Section 17-44, et seq., Steams Lending, LLC
`
`(“Plaintiff”), files this Memorandum of Law in Support of its Motion for Summary Judgment
`
`against
`
`the Defendant, Esteban Ramos (“Defendant”).
`
`The Plaintiff moves for summary
`
`judgment on the grounds that no genuine issue of material fact exists with respect to the
`
`Defendant’s Answer.
`
`I.
`
`FACTS:
`
`1. On April 11, 2013, Defendant, Esteban Ramos, promised to pay to the order of
`
`Stearns Lending, Inc. the principal sum of $206,196.00, as evidenced by a promissory
`
`note for said sum, dated on said date, and payable to the order of Steams Lending,
`
`Inc., with interest from said date, in monthly installments of principal and interest. A
`
`copy of said note is attached hereto and marked Exhibit A.
`
`2. On said date, by deed of that date, Defendant, Esteban Ramos, to secure the Note,
`
`mortgaged to Mortgage Electronic Registration Systems, Inc., as nominee for Stearns
`
`Lending, Inc., the premises known as 389 Saunders Ave., Bridgeport, Connecticut as
`
`described in Eihibitfi attached hereto and made a part hereof.
`
`3. Said mortgage deed was recorded April 16, 2013, in Volume 8816 at Page 55 of the
`
`Bridgeport Land Records.
`
`

`

`4. The Note and Mortgage are owned by Plaintiff, Sterns Lending, LLC, by virtue of an
`
`Assignment dated May 13, 2016 and recorded May 23, 2016 in Volume 9430 at Page
`
`264 of the Bridgeport Land Records, and further assigned by a corrective assignment
`
`of mortgage dated February 16, 2017 and recorded February 23, 2017 in Volume
`
`9583 at Page 212 of the Bridgeport Land Records. Copies of said Assignments are
`
`attached hereto and marked Exhibit C.
`
`5. The installment of principal and interest that was due on October 1, 2015, and each
`
`and every month thereafter has not been paid, and Plaintiff has exercised its option to
`
`declare the entire balance due on the note due and payable. See Affidavit attached
`
`hereto and marked Exhibit D.
`
`6. On or about November 18, 2015, Plaintiff sent a demand letter to Defendant at 389
`
`Saunders Avenue, Bridgeport, CT. Said letter is attached hereto as Exhibit E.
`
`7. On or about June 5, 2017, Plaintiff commenced the within action. Defendant, Esteban
`
`Ramos filed an Answer on September 8, 2017 disagreeing with all paragraphs of the
`
`Complaint.
`
`II.
`
`LEGAL ARGUMENT:
`
`“Practice Book Sec 17-49 provides that summary judgment shall be rendered forthwith if
`
`the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to
`
`any material fact and that the moving party is entitled to judgment as a matter of law. In deciding
`
`a motion for summary judgment,
`
`the trial court must view the evidence in the light most
`
`favorable to the nonmoving party.” Sherman v. Ronco, 294 Conn. 548, 553-54, 985 A.2d 1042
`
`(2010). “Once the moving party has met its burden, however, the opposing party must present
`
`evidence that demonstrates the existence of some disputed factual issue....lt is not enough,
`
`

`

`however, for the opposing party merely to assert the existence of a disputed issue. Mere
`
`assertions of fact...are insufficient to establish the existence of a material fact and, therefore,
`
`cannot refute evidence properly presented to the court under Practice Book Sec.
`
`[17 45].”
`
`Ramirez v. Health Net ofNortheast, Inc, 285 Conn. 1, 10-11, 938 A2d 576 (2008).
`
`In its Complaint, Plaintiff avers that Defendant is in default of the terms of the note and
`
`mortgage at issue. There are no genuine issues of material fact in the case at bar. Defendant
`
`executed a promissory note and mortgage. He came into default under the terms of the mortgage
`
`when he failed to make payments. Plaintiff is the current holder of the Note and Mortgage at
`
`issue (see Exhibit D, Affidavit of Plaintiff).
`
`Defendant is in default under the terms of the Note and Mortgage (Exhibit D, Affidavit of
`
`Plaintiff), and Plaintiff is entitled to a judgment of foreclosure.
`
`CONCLUSION:
`
`Based upon the foregoing, Plaintiff requests that this Honorable Court (1) grant the
`
`Motion for Summary Judgment as to liability against the Defendant; and (2) grant such other
`
`relief as this Court deems just and proper.
`
`ORAL ARGUMENT IS REQUESTED
`TESTIMONY IS NOT REQUIRED
`
`Plaintiff,
`
`Stearns Lending, LLC
`
`By its Attorney,
`
`
`
`€541,124; p O lijlmf/L4M%
`
`Eileen C. O’Shaughnessy
`Marinosci Law Group, PC.
`275 West Natick Road, Suite 500
`Warwick RI 02886
`
`\‘
`
`L
`
`Telephone (401) 234-9200
`Juris No. 409017
`
`

`

`EXHIBIT A
`
`

`

`Cenmui l0 bi: a
`
`“11:33.28 andExacthpy
`f
`1. ormecm
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`f
`J: $51121?
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`
`
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`_
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`,
`
`
`
`
`NOTE
`
`S
`Loanfl-:4600500273
`MIN1100133300932355213
`Case #71: 661‘44352893703
`
`l man. 11, 2313
`21“,!
`{Date}
`
`grammar)
`[City]
`339 SAUNDERS AVEHUE. anxnegroaw, CT 06606
`
`comcncm
`[State]
`
`[Property Address]
`
`LPARTIES
`
`"Borrower" mcaus each pcrsen signing at the end of this Nam, and the person'S successors and assigns. "Lender" Ins-ans
`STEARNS LENDING,
`INC. and its successors and assigns.
`
`2. BORRGWER'S PROMISE TO PAY; INTEREST
`In return for a loan rewived from Lender, Barrowar premises to pay the principal sum of‘rWO HUNDRED SI}; THOUSAND
`ONE HUNDRED NINETY—SIX AND 0 0,1100 Dollars (us. $206 , 196 . 00), plus internasi, to the order of Lender. Intersst will bc
`charged an unpaid principal’ from the date of disbursement of tin: loan prncaeds by Lender, at the rate (if THREE AND SNE—
`FOURTH percent (3 .250%} per year until the full amaunt of principal has been paid.
`
`3. PROMISE TO PAY SECURED
`
`Borrower's promise to pay is secured by a mortgage. deed of trust or similar security instrument that. is dated the same date as
`this Note and called the "Security Instrument." That Security Instrument protects the: Lender fmm losses which might result if
`Borrower defaults under ibis Note.
`
`4. MANNER OF PAYMENT
`
`{A} Time
`Bormwer shall make a payment of principal and interest to Lender on the first day Of each month beginning on JUNE 1 ,
`2013. Any principal and intcrcst remaining on the first day ofmm , 2843, will b8 clue an that date, which is called the "Maturity
`Date."
`
`(3) Place
`
`Payment shall be made at P, 0. BOX 8431, EASADENB, CA 912195-843]. or at such place as Lennie: may
`designate in writing by notice to Borrower.
`
`(C) Amount;
`Each monthly payment of principal and interest will be in the mum of US. $897 . 3 8. This amount will be part at” a larger
`monthly payment required by the Security instrument, that shall 53 applied to principal, filters-st and oiher items in the order described
`in the Security linstmmznt.
`
`(D) Aliunge to this Note for payment adjustments
`If an allonge providing for payment adjustmcnm is execrrtcd by Borrower togathe'r with this Note, the covenants of the
`allonge shall be inccrporatcd into and shall zrmand and supplement the covenants of this Note as if the allonge were a part sf‘ this Note.
`[Check applicable box}
`
`Cl Graduated Payment Allange
`
`Cl Grewlng Equity Allonge
`
`Ci Other [Specify] _
`
`_
`
`5. BORROWE‘R‘S RIGHT TO P‘REPAY
`
`Borrower has the right :0 pay the debt evidenced by this Note, in whale or in part, without charge or penalty, on the, first day
`of any month, Lender shaii accept prepayment on other days gravided that Borrowar pays interest on the amount prepaid for the
`remainder of the month to the Exteni required by Lender and parmifleé by regulatims 0f the Secretary 11‘” Barrower makes a partial
`prepayment, there will be: no changes in the due date or in the amount ofthe monthly payment unless Lender agrees in writing ta these
`changes.
`,
`
`® 3526
`
`Page {at 3
`
`rm Mnltlsiale Fixed Rate 313:; - mm
`
`

`

`4600500273
`
`6. BORROWER‘S FAILURE T0 i’AY
`
`(A) Late Charge for Overdue Payments
`If Lender has not received the full monthly payment required by the Seouriiy Insimment, as describeé in Paragraph 4((3) of
`this Note, by the end of 15 calendar days after the: payment is due, Lender may colloot a late charge in the amount of FOUR percent
`(4 . 006%) of the overtime amount of each payment.
`
`(B) Default
`if Borrower dofaulis by failing to pay in full any mommy payment, then Lender may, away: as limited by regulations of the
`Secretary in the case of payment defaults, require immediate: payment in full of the principal balance rcmaining doe and all accrued
`inzerest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent defauit. In many
`circumstances roguiationg issued by the Secretary will limit Lender‘s rights to require immediate payment in full in the case of
`payment. defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note,
`”Secretary" means the Secretary of Housing and Urhao Development or his or her designoe.
`
`(C) Payment of Costs and Expenses
`If Lender has required immediate payment in full, as deseriheti above, Lender may require Borrower to pay costs and
`expenses iiiciozling reasonable and customary attomoys‘ fees for cnfoming this Note to the extent not prohibited by applicable law.
`Such fees and costs shall bear interest from the date of oioburscmom at the some rare as the principal of this Note.
`
`7. WAIVERS
`
`Borrower and any orbs-r person who has obiigations under this Note waive the rights of presenmient and notice of dishonor.
`"Prosentmont" moans 1the right to require Lender to demand payment of amounts chic. 'Nofice of dishonor" means the right to require
`Lenoer to give notice to other persons that amounts duo have not been paid.
`
`8. GWING OF NOTICES
`
`Unless applicable law reQLiros a oiffere'ot method, any notice that must be given to Borrower under this Nora will be given by
`delivering it or ii}; maiiing it by first class mail to Borrower at the property address above or at a difierent morass if Borrower has
`given Lender a notice of Borrower‘s different address.
`
`Any notice that must be given to Lender under this Note will be given lay first class maii to Leader at the aédress stated in
`Paragraph 403} or at a different address if Borrower is given a notice of that different address.
`
`9. OBLIGATiONS OF YERSONS UNDER THIS NDTE
`
`If more than one person signs this Note, each person is fully and personally obligatod to keep all of the promisos made in this
`Note, inciuding the promise to pay the full amount owed. Any porson who is a guarantor, soroty or endorwr of this Note is also
`obligated to do those things. Any person who takes over moss obligations, including the obligations of a guarantor. surety or endorscr
`of this Note, is also obligated to kmp all of tho promises manic in this Note. Lender may enforce its rights tinder this Note against Each
`person individually or against all signatories together. Any one person signing this Note may be reqoired to pay all of the. amounts
`owed under this Noio.
`
`a) 36.215
`
`Page 2 of 3
`
`mo; Morison} Fixeé Rate Nolcm’m}
`
`

`

`4600560273
`
`[Sign Oa‘iginai Oniy]
`
`BY SIGNING BELOW, Borrower accepts and agrees to [hit terms and cmrenants cuntained in this Note.
`
`
`
`- BORROWER - ESTEBAN RAMOS
`
`Pay $0 the order of:
`
`Withauf Rég'urse H
`STEARNS LENDENG; INC.
`
`By: WM\._____WW_
`
`Name and Titic;
`
`_
`
`__w_
`
`462' M326
`
`Fegc 3 0f
`
`3
`
`FHzX Multistnm Fixed Rate New ‘ 67/1!
`
`
`
`

`

`Reqnegt for Taxpayer
`E
`“3"“ W-9
`.
`,
`_
`,
`.
`(Rev. [)mcmiacr 21311)
`Edennficatmn Number and Certificmon
`I
`13411an 3711161115qu
`E
`Vigfifflmi[wwisue 321?ij
`[Name(as shcmii cm yam income tax return}
`
`ESTEBAN RAMQS
`
`{Business name:
`smgmflcd cmitv name 11‘differcm 11-1-1113 above
`
`Print arr
`type
`
`I05“? Fm“ ‘9 ‘1‘“
`re Hester. Do net
`5.333 m we IRS.
`i
`
`E
`{31126: appropriziic box fur fed-mi an: Massif1.3111111
`i
`{:1 Trussicsmtc
`Li Partnership
`31.3 S Corpuratiim
`.andividiwiiselc gimmiclar
`'HC.‘C011X1ra1§on
`U Limited liabiiily company. Enter 1111: tax cisissificatimi {C‘- C Curpmaiign. S S Curpiiratiun. Patf’armcrship) >
`ELr] fixempl :11inca
`
`E
`11: Other (m: instructions} >
`Ei‘édW-‘fi (“1113b1" Wi‘ck and “PL (11‘ 5111“: m1
`311%quch immc arid addréss (09121111311
`SE?
`‘_§_§?__§§L“E§§§ifi’§§§§..-...M..W_...___...__M................................................E
`5139-1517:
`instrucfians ft:my. 5131: am} 21F conic
`1
`
`on page 2.
`
`1.151 account numbcfis) here (0911911111;
`
`}
`Taxpayer Identification Number (TI
`Enter year TIN1n the apprepriatc box. 1‘he TIN pmv iéed mus: match {has 11..me givezs 1m 1111:“1 amc’line to avoid
`backup wiihhclding. for indiviei11a!‘11 this15 your 1min} $ecuriiy number (SSN). HGWCVET, far a reside-111111511. $1311:
`proprietor. er dizsregardcd entity, see the Pan 1 instmctirms on page 3. Far other 511111193, it 514 your employer
`idwtificatiun mmber 1 151M; 11" you :19 net have a number. 512:: How in gm :1 77311011 mg: 3.
`
`Nate. 111111: acmuni 1S in mere 1.11mi one name. see 111C than 011 page 4 for guidciincs on whose number m amen
`
`
`
`
`
`
`
`memficaum
`Underp:11.111169. of perjury, l crmiiy that:
`11 The number shuwn an this farm1:; my correct taxpayer iéeméficatimi numb“ for] am wailing far a number to be 1.53.1qu 113 me}, and
`2. 1 am 110! snbjcci' m backup withho1ding because: (a) I am exempt from backup wimhakfing, 0:121} 1 have 1101 baen notified by the Inmmai Revenue
`Service (IRS) that 1 am subject to backup Liithhniding as a rcsuii Ufa faflua‘e ta repm': 311 interest or dividends. 3r ('0) the IRS has nmificd me 1113:
`1 am
`no Ringer subject Ii) backup withhfllding. and
`3. I am :1 1,1,3. citizen 011111151115. persan (13311115111 below).
`Certification instructions. You mum cross our item 2 above if V011 11m”: been notififid b} the 1113 1113135011 an: currcnfly subject 10 backug withholding because
`32011 have 13211911 to rcpom 311 interest and dividendg or; your tax return 1m- 13111 133mm Emma:firms. item? (1031:1101 apply for martgnge inrcmd paid acqmsn1011
`m abfndoamcni a! 5:611er property. cancellation of (11:13: contriiyutions 111 2:11 individual retire-men: arraisgcmqat (1R4}, and gamma“? grammars; other than
`
`Sign
`ESignature 91'
`:U.S. persun >
`General instructiens
`Scetirm references are it: the 1111611131 Revenue Code {1311855 otherwise. 110121311
`
`
`subject to 1111: withhulding tax on Foreign purinsrs' shah: of ci'féct‘ively
`com:-acted incorm.
`
`
`
`Purpose of Form
`A pcrsan win: is requireci 10 file- an infirmaiiun return xvii}: the 1R8, musi
`131113111 your can-cat taxpayer identification number (TIN) in report, for
`example, incarnc paid to you, real estate transactiens, mongagc interest you
`paid, acquisitinsi 01' abandonment 121’ secure-d properiy, canccuatimn of 11th:. 13':
`mmribmians you made 1:) an IRA.
`$51: Form W~19 011131 ifyou are 2: US. person iinciuding a resides! alien), to
`pmvide you: min-ct TIN to the persa'tm reqzsesfing it (the requester) and, when
`appiieabie, m:
`l. Cciiify 111m 111: TIN you are giving is: write! (or you are waiting for a
`number '10 be issued),
`
`2. Certify 111111 you are no: subject is backfip withhcsiding. or
`3. {him exempiéon from backup wiihhoiding if‘ you are a US. excmfsr
`payee. if applicable. ymi are 11130 certifying that 11s a 13.8. person, 3mm!
`21110631311: share {11“ 311}! partnership income- fi‘gm :1 LLS. wide or madness is 13m
`
`Sore. 11a requester gives yer: a farm other than Farm W339 111 requcsi your TiN,
`y‘au mus-t use the swimmers form 1111 is snhsmxxiially simiiar 1011213: Farm W3.
`Befinition 01' a 111$. persan. Fer ihderai tax purpescs. you are madden-:11 a
`US. person if yet: are:
`I An individuai who is :1 15.3. ciiimn 111‘ 1.1.3. resident 11151313.
`I A partnership, cargmrmmn, company. or associatian created {31‘ urganized
`in 1'11: Haired Shari-s or unciizr :hc 1;:ws (11111:: United States,
`.
`An ($511118 (othcr 111m] 3 fur-:1gn carats), or
`a
`A dcmwstic trust {as disfiiicd in Regumiions sec-1 ion 301.7701~7}.
`Special rides far partnerships. Panncmhips that «induct a tram:- (1r bush-1w: in
`the United Shares am genera“); required 10 pay a withholding tax on any foreign
`partners' share afinwmc 1mm such business. Further, in certain crises when: a
`Farm WJB 11:15 not been received, a pannfirship is required to presume that 11
`partner is a foreign persan, 111:6 pay the withhe’flding 2321. Therefore. it‘yau are a
`1,131 person that is 2‘1 partner ix: a partnership misducting a trade- ur business 11';
`the Uziitzd 81:11:25. pmvidc Fem: W4) :11 the pamzcrsghip ta esmbiis}:
`
`
`
`Form W-9 (Rev. 12-20? 1)
`
`

`

`EXHIBIT B
`
`

`

`e: 8816 PG
`Easre 00013
`
`Alter Recording Return To:
`continue ammo, mo.
`4 BUNCH CENTRE DRIVE, 1013
`FLOOR
`'
`SANTA MLCASZ'IO'I-E'IBB
`
`.
`
`ATTN: sarsnno near/noc.
`CONTROL
`
`.
`
`torn,
`=
`'
`
`.
`
`'
`
`_
`
`.
`
`.
`
`PreparedBy:
`neon moms
`' seems ammo, Inc.
`4 tron-an can“: mam.
`'
`Pecos
`-
`sma’mcasz'lo'I-ataa '
`4866) 450-1571
`[Space Above This Line For Recording Dela]
`OPEN-END MORTGAGE
`
`W8 .
`loan a: asonsoozvs
`MIN: 1.0015330000235511:
`MERS Phone a-t'ea 479-6311
`PIN; 5112115111
`-
`_ Case it: 061-4435289403
`
`‘
`
`THIS MORTGAGE (“Security Instrument") is given on APRIL 11. 2013. The mortgagor is ESIEBMI
`RAMOS. a men MM! (“Borrower"). This Security Instrument is given to Mortgage Electronic Registration
`Systems, Inc. C'MERS") (solely as nominee for Lender, as hereinafier defined, and Lender's suwsors and assigns),
`as mortgagee. MERS is organized and existing under the laws of Delaware. and has an address and telephone
`number of PD. Box 2026. Flint, Michigan “SDI-2026, telephone (888)679-MERS. SIBARNS LENDING.
`nae" ("Lender”) is organized and existing under the laws of CALIFORNIA, and has an address of 4 mean
`as)!!!“ DRIVE, 10!!! FLOOR, SANTA ANA, ca 32707-8185. Borrower owes Lender the principal
`sum of TWO HUNDRED SIX THOUSAND ONE HUNDRED hilflBTY—SIX AND 00/100 Dollars (US.
`.5206, 196 . 09). This debt is evidenced by Borrower's note dated the same date as this Security Instrument
`(“Note“), which provides for monthly payments, with the full debt, ifnot paid earlier, due and payable on MAY 1,
`2043. This Security lnstrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with
`interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest.
`adv_anced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of
`Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower in
`consideration of this debt does hereby grant and convey to MERS (solely as nominee for Lender and Lender's
`successors and assigns) and to the successors and assigns of MERS the following described property located in
`FAIRPIBLD County, Connecticut:
`LEGAL DESCRIPTION 'ATTACEED HERETO HID MADE A PM?! HBREOF.
`which has the address of”? SAUNDERS AVENUE, BRIDGBPORT. ca‘ 06606 ("Property Address");
`TO HAVE AND TO HOLD this property unto MERS (solely as nominee for Lender and Lender's
`successors and assigns) and to the successors and assigns of MERS, forever, together with all the improvements now
`or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafler a part of the
`property. All replacements and additions shall also be covered by this Security Instrument. All ofthe foregoing is
`referred to in this Security Instrument as the "Property." Borrower understands and agreesthat MERS holds only
`legal title to the interests granted by Borrower in this Security Instrument”; but, if necessary to comply with law or
`custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of
`those interests. including. but not limited to, the tight to foreclose and sell the Property; and to take any action
`FHA connection! Open-End Mortgage - 0M9
`'
`9 361. I2
`Page I of 7
`
`

`

`i
`
`'
`
`'
`
`3K: 8
`INST=816 F'G:
`
`4600500273
`
`The Following Rideds) are to be executed by Borrower and are attached hereto and made a part thereof [check box
`as applicable]:
`-
`'
`-
`
`UCondorninimn Rider
`El Planned Unit Dévelopment Rider
`UOthEdS) {Specify}
`
`:10an Equity Rider
`Cl Graduated Payment Rider
`
`-
`
`CIAdiustable Rate Rider
`'
`,
`
`BY SIGNING BELOW, Bummer accepts and figures to the tennspomained in this Security Instrument and in any
`rider(s) eXecuted by Borrower and recorded with it.
`
`- BORROW - ESTB’BAN RAMOS
`
`Witnesses:
`
`‘
`
`-
`
`-
`
`fig“72an4,1. mega/— ,wmiw@324; %def—”W
`
`STATE.0F
`
`COUNTY '01"
`
`
`file foregoing instrument was acknowledged before me thisW by
`
`mama;—
`
`
`.fl
`
`PATRICIA A. STARKEY
`MW CG: nun-310N151: OFTHE
`summon ecum-
`(W @
`
`- FHA Connecticut Open—End Morlgage - 03m
`9 367.l2
`
`_
`_
`Page 1 of 1
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`

`

`31K: 8816 PG:
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`fish?"shpwn pn- aa'id ma.awrf'eaéby Henry
`."léoa'feet rpp'r'w-z a":
`"655‘;
`. 319‘, as, @2141) as s'hjown on gaid map,
`
`mo'Tre o'r l'éssL
`?
`
`
`verfue as pe'r.'sal'd r'nap. 100 tg'et, more
`nix-"he's .
`
`RECEIVED FOR RECORD
`AM‘ 1692013 02-27: 44-?
`,ALHA L.
`I‘ll-WA
`TDHN CLERK
`BRIDGEPDRTr CT
`
`

`

`EXHIBIT C
`
`

`

`BK= 94-30 PG:
`INST: Q9012145
`.
`‘
`a
`. MERS‘Fifiahez't-aéa’fie-‘eafi!
`
`2.54.
`
`Loan: 0009392662
`MIN#:100183300002355213
`When recorded return to:
`Marinosci Law Group. RC.
`275 West Netick Rd. Suite 500
`Warwick. RI 02888
`File No; 16-04419
`
`ASSIGNMENT OF MORTGAGE
`CONNECTICUT
`
`ThisASSIGNMENT OFMORTGAGE Is made andentered intoas of'thlsadayof% 2616 from '
`
`.0. Box 2026.
`Mortgage Electronic Registration System. Inc. as nominee for Steams Lending, Inc.. whose eddres
`Flint. MI 48501 ("Asslgnorfl to Steams Lending. Inc. whose address Is 4Hutton Centre Drive-10m FL Santa Ana,
`CA 92702-8788 (Assignee‘).
`For good and valuable consideration. the receipt and sufiicienw ofwhich is hereby acknowtedged. the Assignor
`does by these presents hereby grant. bargeln. sell. transfer and set over unto the Assignee. its successors. transfereee
`and assigns forever. all of the right. title and interest of said Assignor in and t0'tha following instrument describing land
`therein. duly recorded in the Land Records for the Town of Bridgeport. State of Connecticut. as follows:
`Mortgagor. Esteban Ramos
`'
`..
`Mortgages: Mortgage Electronic Registration Systems. Inc. as nominee tor Steame Lending. Inc.
`Document Date: April 1 1. 2003
`'
`Recording Date: April 16. 2003
`BookNqumaIDockevUber: 881 6
`PagerFoIio: 55
`Property address: 389 Saundere Ave. Bridgeport. CT 05606
`Property described as follows:
`FOR A COMPLETE LEGAL DESCRIP'HON SEE ABOVE REFERENGED RECORDED MORTGAGE
`
`Together with any and all notes and obligations therein described or referred to. the debt respectively secured
`thereby and all sums of money due and to become due thereon. with interest thereon. and attorney‘s fees and at] other
`charges.
`
`This Assignment is made without recourse. representation or warranty.
`
`IN WITNESS WHEREOF the
`
`officerthereuntodulyauthorized.the
`
`Signed. and delive -- 'n the presence of:
`
`i??? .dayot_%__,2015.
`
`nor has caus d
`
`see presents to be executed In Its name by its proper
`
`age Electronic Registration Systems.
`
`Inc. as
`
`'
`
`
`
`'
`T“
`“L“.
`-
`'
`.
`on the Eddy of[12% 2016. before me personally appeared
`in
`if
`apresentetive of Mortgage Electron Registration Systems. Inc. as nominee for Steems Lending. lnc..
`the Authorized
`itssucoessors and assigns to me knownand knovm by me to be the party executing the foregoing instrument, and
`helshe acknowledged said instrument by him/her executed to be hlslher free act and deed. and the tree act and
`
`Jacqueline VanDerMilIer
`
`
`MERS Phone: LESS-6796377
`
`ROTARY PUBLIC
`,
`
`w 56. "07072405
`.
`com
`TH or mnemm
`-
`Luscomrrseionemssruw 31;..-
`
`MIN#: 100010300219750247
`
`- My commlsslon Exclrem
`
`RECEIVED FDR RECORD
`flue 23r2|316 11:28:5IJA
`CHARLES D. CLEHUHS JR.
`TENN CLERK
`BRIDGEPDRT r CT
`
`

`

`=
`€fi372
`
`533 PG=
`00003657
`
`212
`
`MERS Phone: 1-888-679-6377
`
`Loan: 0009892662
`MIN#: 100183300002355213
`When recorded return to:
`Mannosci Law Group. RC.
`275 West Nalick Rd. Suite 500
`Warwick. RI 02886
`,
`.
`File No.: 16-04419
`
`CORRECTIVE ASSIGNMENT OF MORTGAGE
`.
`CONNECTICUT
`"Die purpose afthis corrective Assignment is to correct the Assignee's name on Assignment in Book 9439a Page 264'
`I +k
`This ASSIGNMENT OF MORTGAGE Is made and entered into as of this
`(9
`day ofm 2017 from
`Mortgage Electronic Registration Systems, Inc as nominee for Steams Lending. Inc. its successors and assigns. whose
`address is‘P.O. Box 2026. Flint. MI 48501 C'Assignor') to steam Lending. LLC. whose address ls4 Hutton Centre
`Drive 10”! FL Santa Ana. CA 92707-8788f'Assignee“).
`'
`
`For good and valuabte consideration. the receipt and sufficiency of which is hereby admowledged. the Assignor
`does by these presents hereby‘grent. bargain, sell. transfer and set over unto the Assignee. its successors. transferees
`and assigns forever. all of the right. title and interest of said Assignor in and to the following Instrument describing land
`therein. duty recorded In the Land Records for the Town of Bridgeport. State of Connecticut. as follows:
`.
`Mortgagor: Esteban Ramos ‘
`Mortgages: Mortgage Electronic Registration Systems. Inc. as nominee for Streams Lending. Inc. its successors and assigns
`Document Date: April 1 1. 2003
`Recording Date: April 16. 2003
`BookNqumeiDocItetlLiber: 8816
`PageiFoIio: 55
`”Property address: 389 Saunders Ave. Bridgeport. CT 06506
`Property descntaed as follows:
`
`FOR A COMPLETE LEGAL DESCRIPTION SEE ABOVE REFERENCED RECORDED MORTGAGE
`
`Together with any and all notes and obligations therein described or referred to. the debt respectiveiy secured
`thereby and all sums of money due and to become due thereon. with Interest thereon. and attomey‘s tees and all other
`charges.
`
`This Assignment is made without recourse. representation or warranty.
`
`IN WITNESS WHEREOF the
`otficer thereunto duly authorized. the
`
`fight" has caused these presents to be executed In its name by its proper
`day of
`Eghmagr
`, 2017.
`
`Signed. and deliveredinthepresence of:
`.
`(1&1&LA;§W
`Witness SHANNA SIMMONS
`
`Inc. as
`Mortgage Electronic Registration Systems.
`nominee or Steam Lending. Inc. its successors and assigns
`
`mug
`
`Title:
`
`
`
`))
`
`ss.
`)
`
`the!
`STATE OF VIRQMIA
`CITY OF VIRGINIA BEACH
`
`u man-«IL seeds
`
`'
`
`.
`
`gs
`Iai—
`‘1
`"’
`Dick’s A
`InMonthe1!;dayofMINT. before me personaiiyappeared
`the Authorized Represen tive of Mortgage Electronic Registration Systems. inc. as nominee for Steams Lending. Inc.
`its successors and assigns to me known and known by me to be the party executing the foregoing instrument. and
`helshe adrnowtedged said instrument by himfher executed to be his/her tree act and deed. and the iree'act and
`deed of Mon eqe Electronic Registration Systems. Inc. as n
`inee for Steams Lending Inc.‘
`rear assigns.
`
`
`
`Jacqueline VenDerMIller
`U
`'
`
`
`
`
`NOTAR
`Pub
`"
`as... #25923?
`N...
`incoueune VANDERMILLEE.
`
`
`My commission Expires:
`MY cgafilmomuuosm
`q
`
`sm'fl'éw
`55“”
`ECEIVED WR RECORD
`Feb 2312017 11:52:55“:I
`CHARLES D. CLEHDNS JR‘
`mmcum.
`enzoeeronf, c1
`
`
`
`
`
`Mlm: 100010300219750247
`
`MERS Phone: 1-888-679-6377
`
`

`

`EXHIBIT D
`
`

`

`EXHIBIT E
`
`

`

`DOCKET NO.: FBT—CVl 7-6064726 S
`STEARNS LENDING, LLC
`VS.
`
`ESTEBAN RAMOS
`
`SUPERIOR COURT
`J.D. OF FAIRFIELD
`AT BRIDGEPORT
`
`PLAINTIFF’S AFFIDAVIT IN SUPPORT OF
`m
`
`1,
`
`DARCIE LYLE
` , upon oath hereby depose and state as follows:
`I am employed LoanCare, LLC in the capacity éfSS'STAN-r SECRETA
`RY
`__
`and I have
`personal knowledge of the facts set forth herein.
`
`

`

`Records (the “Mortgage”). A true copy of the Mortgage is attached hereto and
`
`incorporated as Exhibit B.
`
`7.
`
`Said Mortgage is owed by Plaintiff, Stearns Lending, LLC.
`
`8. Defendant defaulted on payments due pursuant to the note. The installment payment of
`
`principal and interest that was due on October 1, 2015 and each and every payment
`
`thereafter has not been paid. An Affidavit from Plaintiff stating that the Defendant,
`
`Esteban Ramos remains in default of the terms and obligations of the mortgage in issue is
`
`attached hereto and incorporated as Exhibit D
`
`9. Plaintiff exercised its option to declare the entire balance due on the note due and
`
`payable.
`
`10. Defendant= Esteban Ramos currently owes Plaintiff the amount of One Hundred
`
`Nine-Six Thousand Three Hundred Fifty and 64/100 cents ($196,350.64), plus legal fees
`
`and costs.
`
`
`
`
`
`
`Aut orized Representatlve of
`Stearns Lending, LLC By LoanCare, LLC
`
`DARCIE LYLE
`
`as Attorney in fact under a limited power
`
`STATE OF VIRGINIA
`
`of Attorney
`
`ASSISTANT SECRETARY
`
`CITY OF
`
`magma BEACH
`
`«D On this
`
`lb day of
`
`E
`
`
`. duly authorized representative of LoanCare, LLC as servicer
`Q1253} L
`‘L—
`for Stearns Lending, L C signer and sealer of the foregoing affidavit, who swore to the truth
`of the same before me.
`
`i @Em
`
`, 2018, before me personally appeared
`
`BEVERLY JEAN TRAYLOR
`BEVERLYJEAN TRAYLOR
`
`
`
`'
`Notary Public .
`Commonwealth of Virginia
`
`
`Registration No. 7768556
`
`
`
`. My Commission Expires March 31, 2022
`
`
`
`@ (Mi/””01 10/
`1
`My Commission Expires: 6 ‘81 i903;
`
`Notary Public
`
`

`

`EXHIBIT E
`
`

`

`X0079
`
`LOANCARE
`
`P.O. Box 8068
`Virginia Beach, VA 23450-8068
`
`REBRESEMIQ‘I’IQQI DE R—HBIIED Bfil ”IEFIT
`USPS CERTIFIED MAIL
`
`PAGE 1 dt°°§892652
`
`"II
`
`II
`
`III"I"
`
`9207 1959 0043 7100 0206 0276 94
`—
`
`5—754-643760000043-001>1»100-100-000-000
`
`Esteban Ramos
`389 Saunders Ave
`Bridgeport CT 06606
`
`NOVEMBER 18, 2015
`
`Re: Loan Number: 0009892662
`HUD/FHA Case Number: 061-4435289
`
`Amount Due as of the date of this letter: $ 3,446.58
`Current First Principal Balance: $ 196,350.64
`
`AVISO IMPORTANTE PARA LAS PERSONAS QUE HABLAN ESPANOL ESTA NOTIFICACION ES
`DE SUMA IMPORTANCIA PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA.
`SI NO COMPRENDE EL éONTENIDO DE ESTA CARTA
`OBTENGA UN TRADUCCION
`INMEDIATAMENTE. SI USTED NO RESPONDE DENTRD DE SIETE (7) DIAS A PARTIR DE LA
`FECHA DE ESTA NOTIFICACION, USTED PUEDE PERDER SU CASA EN EL FUTURO.
`
`Dear Mortgage Customer(s),
`
`YOUR SITUATION IS SERIOUS. YOU COULD LOSE YOUR HOME.
`
`You have
`You are hereby notified that the captioned loan is in default.
`breached the terms of the mortgage/deed of trust securing your loan by
`failing to make the monthly payments due 10-01-15 throug
`11-18-15.
`
`the amount necessary to bring your mortgage
`As of the date of this letter,
`current and reinstate your loan is $ 3,446.58. Because of interest,
`late
`char es, and other charges that may vary from day to day,
`the amount due on
`the
`ay you pay may be greater. If anot er month y
`ayment becomes due
`before t e date shown below, you Will need to add t at payment amount to_the
`amount due listed above in order to reinstate this loan.
`00 must pay this
`amount using a cashier’s check or certified check payable to LoanCare. We
`must receive the payment no later than 12-23-15 30 days,
`from the date of this
`letter plus 5 additional da 5 because service is made Via ordinary mail.
`Please mail the payment to
`.O. Box 37628, Philadelphia,
`PA 19101-0625,
`or for faster pa ment, you may use the Western Union QUick Collect SerVice.
`Please call
`(800 909—9525 to obtain further information about payment
`amounts and options.
`
`the
`ou do not cure the default(s) on or_before the date specified above,
`If
`ful outstanding balance of your loan will be accelerated and become due in
`full. _Unless you can pay the loan off in full, we will refer your loan
`to a firm in your area t at will begin foreclosure proceedings in accordance
`with the terms of your mortgage/dee
`of trust. You could lose your home
`unless you bring t is loan current.
`
`LoanCare - 3637 Sentara Way ~ Virginia Beach, VA 23452 - Customer Service Call 1 (800) 274-6600
`Collections Call 1 (800) 909-9525, 8 am. - 10:00 p.m., EST Monday - Friday, and 8 am. — 3 pm. EST Saturday
`
`(328533
`
`INTERNET REPRENT
`
`06-26—14
`
`

`

`REPRESENTATION OF PRINTED DOCUMENT
`5-754-64376—0000043—001-2-100-1oo-ooo—ooo
`
`0009892562
`
`LOANCARE Po. Box 8068
`A SERVICELINK COMPANY
`Virginia Beach, VA 23450-8068
`
`Page 2 of 5
`
`ou are unable to cure this default by the expiration date above, you
`If
`Wil still have the right to reinstate your loan prior to a foreclosure sale
`by paying all sums due to be paid as stated above and any other sums then
`due under the mortgage/deed of trust and note,
`including all expenses
`incurred by LoanCare and the foreclosure firm while enforCing t e
`mortgage/deed of trust.
`
`ou have missed your mort age payments because of a condition which you
`If
`cou d not control
`(such as i lness,
`loss of your Job or some other serious
`condition that made it_imposSible for you to make your mortgage payment),
`the Department of Hou51ng and Urban_Development
`(H D) may be able to he p
`you.
`In order for us to airly conSider
`our case, y

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