RETURN DATE: AUGUST8, 2023
`
`: SUPERIOR COURT
`
`WELLS FARGO BANK, NATIONAL
`ASSOCIATION, AS TRUSTEE FOR LEHMAN
`MORTGAGE TRUST MORTGAGEPASS-
`THROUGHCERTIFICATES, SERIES 2008-2
`
`: J.D. OF NEW BRITAIN
`
`: AT NEW BRITAIN
`
`: JULY 17, 2023
`
`VS.
`
`CAROL SABATINO, HEIR OF THE ESTATE
`OF PAUL E. LEMIEUX, ET AL.
`
`COMPLAINT
`
`i,
`
`The Plaintiff, Wells Fargo Bank, National Association, as Trustee for Lehman
`
`Mortgage Trust Mortgage Pass-Through Certificates, Series 2008-2, has a place ofbusiness with
`
`an address of c/o Nationstar Mortgage LLC d/b/a Mr. Cooper, 8950 Cypress Waters Boulevard,
`
`Coppell, TX 75019.
`
`2.
`
`Atall times complained of herein, Paul E. Lemieux (now deceased), ownedreal
`
`property situated in the Town of Southington, County of Hartford, and State of Connecticut known
`
`as 456 Summer Street, Plantsville (Southington), CT 06479 (the “Property”) being more
`
`particularly described in Exhibit A attached hereto and madea part hereof.
`
`3.
`
`On or about November 29, 2007, Paul E. Lemieux (now deceased), executed and
`
`delivered to Lehman Brothers Bank, FSB, a Federal Savings Bank, a Note (the “Note”) for a loan
`
`in the original principal amount of $187,500.00.
`
`4.
`
`Onsaid date to secure said Note, Paul E. Lemieux (now deceased), did execute and
`
`deliver to Mortgage Electronic Registration Systems, Inc. as nominee for Lehman Brothers Bank,
`
`FSB,a Federal Savings Bank, a Mortgage (the “Mortgage”) against the Property in the original
`
`principal amount of $187,500.00.
`
`
`
`: SUPERIOR COURT
`
`WELLS FARGO BANK, NATIONAL
`ASSOCIATION, AS TRUSTEE FOR LEHMAN
`MORTGAGE TRUST MORTGAGEPASS-
`THROUGHCERTIFICATES, SERIES 2008-2
`
`: J.D. OF NEW BRITAIN
`
`: AT NEW BRITAIN
`
`: JULY 17, 2023
`
`VS.
`
`CAROL SABATINO, HEIR OF THE ESTATE
`OF PAUL E. LEMIEUX, ET AL.
`
`COMPLAINT
`
`i,
`
`The Plaintiff, Wells Fargo Bank, National Association, as Trustee for Lehman
`
`Mortgage Trust Mortgage Pass-Through Certificates, Series 2008-2, has a place ofbusiness with
`
`an address of c/o Nationstar Mortgage LLC d/b/a Mr. Cooper, 8950 Cypress Waters Boulevard,
`
`Coppell, TX 75019.
`
`2.
`
`Atall times complained of herein, Paul E. Lemieux (now deceased), ownedreal
`
`property situated in the Town of Southington, County of Hartford, and State of Connecticut known
`
`as 456 Summer Street, Plantsville (Southington), CT 06479 (the “Property”) being more
`
`particularly described in Exhibit A attached hereto and madea part hereof.
`
`3.
`
`On or about November 29, 2007, Paul E. Lemieux (now deceased), executed and
`
`delivered to Lehman Brothers Bank, FSB, a Federal Savings Bank, a Note (the “Note”) for a loan
`
`in the original principal amount of $187,500.00.
`
`4.
`
`Onsaid date to secure said Note, Paul E. Lemieux (now deceased), did execute and
`
`deliver to Mortgage Electronic Registration Systems, Inc. as nominee for Lehman Brothers Bank,
`
`FSB,a Federal Savings Bank, a Mortgage (the “Mortgage”) against the Property in the original
`
`principal amount of $187,500.00.
`
`
`
`5.
`
`Said Mortgage was recorded on November 30, 2007, in Volume 1116 at Page 269 of
`
`the Southington Land Records.
`
`6.
`
`Said Mortgage was subsequently assigned and the assignments are recorded on the
`
`Southington Land Records, as follows:
`
`a) From Mortgage Electronic Registration Systems, Inc. as nominee for Lehman
`
`Brothers Bank, FSB, a Federal Savings Bank to Wells Fargo Bank, National
`
`Association, as trustee for Lehman Mortgage Trust Mortgage Pass-Through
`
`Certificates, Series 2008-2 dated June 27, 2023, and recorded on June 30, 2023, in
`
`Volume 1587 at Page 815.
`
`ThePlaintiff is the holder of the Note and Mortgage.
`
`Paul E. Lemieux (now deceased), is/are in default for nonpayment ofmonthly
`
`7.
`
`8.
`
`installments ofprincipal andinterest, and the Plaintiffhas exercised its option to accelerate the
`
`balance due on the Note, to declare the Note due and payable in full, and to foreclose on the
`
`Mortgage securing the Note.
`
`9.
`
`The Plaintiff has provided written notice of said default in accordance with the
`
`terms of the Note and Mortgage and applicable law. Paul E. Lemieux (now deceased) has/have
`
`failed or neglected to cure said default, and the Plaintiffhas exercised its option to accelerate the
`
`balance due on the Note, to declare the Note due and payable in full, and to foreclose on the
`
`Mortgage securing the Note. As of June 26, 2023, the amount due and owing is $163,747.27, plus
`
`accruing interest, fees, and collection costs.
`
`10.
`
`11.
`
`Paul E. Lemieux died on September 28, 2022.
`
`The following parties claim an interest in the Property, which lien or encumbrance
`
`is prior in right to the Plaintiff’s Mortgage:
`
`
`
`a) Town/City of Plantsville (Southington) for taxes for any previous year now due and
`
`all subsequent years not yet due.
`
`b) Town/City of Plantsville (Southington) for sewer use charges for the calendar years
`
`not yet due; and any previous year now due.
`
`c) Plantsville (Southington) Tax District for tax district fees, if applicable.
`
`d) The Town of Southington for a sewer uselien in the original amount of $709.92
`
`dated and recorded on April 1, 2011, in Volume 1213 at Page 263 ofthe
`
`Southington Land Records.
`
`12.
`
`The following parties claim an interest in the Property, which lien or encumbrance
`
`is subsequentin right to the Plaintiff's Mortgage:
`
`a) The Defendant(s), Carol Sabatino, Albert Fiorillo, and Christopher Fiorillo,
`
`claims or may claim,an interest in the Property by virtue of the death of Paul E.
`
`Lemieux, andtheir status as heirs of said Estate.
`
`b) The Defendant, State of Connecticut Department of Revenue Services may claim
`
`an interest in the Property by virtue of an inchoate lien for any succession taxes,
`
`inheritance taxes, and/or gift taxes due from the Estate of Paul E. Lemieux.
`
`c) The Defendant, State of Connecticut Judicial Branch — Office of the Probate
`
`Court Administrator, may claim in interest in the Property by virtue of an inchoate
`
`lien for unpaid probate fees possibly due from the Estate of Paul E. Lemieux.
`
`13.
`
`The Defendant(s), Carol Sabatino, Heir and/or Beneficiary of the Estate of Paul E.
`
`Lemieux, Albert Fiorillo, Heir and/or Beneficiary of the Estate of Paul E. Lemieux, and
`
`
`
`Christopher Fiorillo, Heir and/or Beneficiary of the Estate of Paul E. Lemieux,is/are the owner
`
`of the equity of redemption in the Property and, upon information andbelief, is/are in possession of
`
`the Property.
`
`14.
`
`The Plaintiff has caused a Notice of Lis Pendensto be recorded on the Southington
`
`Land Records.
`
`
`
`WHEREFORE,Plaintiff prays for the followingrelief:
`
`1.
`
`a
`
`3.
`
`Foreclosure of the mortgage;
`
`Immediate possession ofthe mortgaged premises;
`
`Entry ofdeficiency judgment against the makers of, or obligors on, the Note
`
`described herein, and/ortheir Estate, if deceased (unless same has been precluded by virtue of a
`
`Bankruptcy discharge);
`
`+.
`
`The appointmentof a receiver to collect the rents and profits accruing from the
`
`premises;
`
`5.
`
`6.
`
`7.
`
`Costs of this action;
`
`Attorney’s fees; and
`
`Such other and furtherrelief as the court may deem just and equitable.
`
`Date: July 17, 2023
`
`Plaintiff,
`ByIts Attorney,
`
`
`
`Brian M.Kiser
`Marinosci Law Group,P.C.
`275 West Natick Road, Suite 500
`Warwick, RI 02886
`401-234-9200
`Juris No. 431033
`
`
`
`RETURN DATE: AUGUST8, 2023
`
`: SUPERIOR COURT
`
`WELLS FARGO BANK, NATIONAL
`ASSOCIATION, AS TRUSTEE FOR LEHMAN
`MORTGAGE TRUST MORTGAGEPASS-
`THROUGHCERTIFICATES, SERIES 2008-2
`
`: J.D. OF NEW BRITAIN
`
`: AT NEW BRITAIN
`
`: JULY 17, 2023
`
`VS.
`
`CAROL SABATINO, HEIR AND/OR
`BENEFICIARY OF THE ESTATE OF PAUL E.
`LEMIEUX, ET AL.
`
`STATEMENT OF AMOUNTIN DEMAND
`
`The amountin demand,exclusive of interest and costs, is greater than Fifteen Thousand
`
`Dollars ($15,000.00).
`
`Date:
`
`July 17, 2023
`
`Plaintiff,
`ByIts Attorney,
`
`
`
`Brian M.Kiser
`Marinosci Law Group,P.C.
`275 West Natick Road, Suite 500
`Warwick, RI 02886
`401-234-9200
`Juris No. 431033
`
`
`
`EXHIBIT A
`
`A certain piece or parcel of land, with all the buildings and improvements thereon, situated on
`the northwesterly side of SummerStreet, in the Village of Plantsville, Town of Southington,
`County of Hartford and State of Connecticut, and being:
`
`#456 on a certain mapentitled, "Property Map Prepared for Linda Boucheret al 456 Summer
`Street Southington, Conn.Scale: 1" = 20° November7, 2007 Russell S. Andres P.E. & L.S, 4401
`1 Ferncliff Drive Southington Conn. 860-621-3123", which Map is to be filed in the
`Southington Town Clerk's Office and being more particularly bounded and described as
`follows, to wit:
`
`Southeasterly:
`Southwesterly:
`Northwesterly:
`Northeasterly:
`
`by SummerStreet, 60.00 feet;
`by land now or formerly of John & Jean Freer, 227.50 feet;
`by land now or formerly of 42 Cowles Ave., LLC, 59.66 feet; and
`by land nowor formerly of Sandra A. Valentine, Lot 1, 250.08 feet.
`
`
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