`
`MARTJ1ACROOG,LLC
`
`
`15NorthMainStreet,
`
`
`
`
`
`Suite100W’esHartford.Connecticut06107
`
`DOCKET NO.: HHD-CV—18-6099554-S
`
`: SUPERIOR COURT
`
`WILMINGTON SAVINGS FUND
`
`: J.D. OF HARTFORD
`
`SOCIETY, FSB, NOT IN ITS
`INDIVIDUAL CAPACITY BUT SOLELY
`
`IN ITS CAPACITY AS OWNER
`
`TRUSTEE OF MATAWIN VENTURES
`
`TRUST SERIES 2018-1
`
`V.
`
`.
`
`: AT HARTFORD
`
`I DIANE E. THIBODEAU, ET AL.
`
`: NOVEMBER 27, 2018
`
`
`UPDATED DEBT CALCULATION
`
`I, Martha Croog, Esq., in my capacity as attorney for the Plaintiff,
`
`WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL
`
`CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER TRUSTEE OF
`
`MATAWIN VENTURES TRUST SERIES 2018—1, report the updated debt
`
`calculation in this foreclosure action, based on the annexed Affidavit of Debt executed
`
`on October 3, 2018, with interest added for the period from October 31, 2018 to
`
`December 3, 2018, to be:
`
`6-9661IurisNo.4191663
`
`
`
`Telephone(860)
`
`2
`
`Debt as of 10/31/18
`Interest added from 11/01/18 to
`
`$
`$
`
`160,253.68
`568.26
`
`12/03/18 33 days @ $17.22 per diem
`
`
`Grand Total
`
`$
`
`160,821.94
`
`THE PLAINTIFF,
`
`WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS
`INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY
`
`
`
`AS OWNER TRUSTEE OF MATAWIN VENTURES TRUST
`SERIES 2018-1
`By:
`
`:23/
`Martha Crd"6g;-<Esq.;m__
`Martha Croog, LLC'RE}
`15 North Main Street, Suite 100
`West Hartford, CT 06107
`(860) 236-9661; Juris No. 419166
`
`.
`
`

`

`DOCKET N0.: HHD-CV-18-6099554—S
`
`: SUPERIOR COURT
`
`WILMINGTON SAVINGS FUND
`SOCIETY, FSB, NOT IN ITS
`INDIVIDUAL CAPACITY BUT SOLELY
`IN ITS CAPACITY AS OWNER
`TRUSTEE OF MATAWIN VENTURES
`TRUST SERIES 2018-1
`
`: J.D. OF HARTFORD
`
`V.
`
`: AT HARTFORD
`
`DIANE E. THIBODEAU, ET AL.
`
`: OCTOBER 3, 2018
`
`AFFIDAVIT OF DEBT
`
`STATE OF CALIFORNIA )
`
`) ss.
`
`October 3, 2018
`
`COUNTY OF ORANGE
`
`)
`
`l.
`
`2.
`
`1am over the age of eighteen years and believe in the obligations of an oath.
`
`1, Daily: Thammagno am employed as a Foreclosure Specialist by KONDAUR
`
`I am authorized to sign this Affidavit on behalf of the
`CAPITAL CORPORATION (“KCC”).
`substituted plaintiff, WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS
`INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS OWNER TRUSTEE
`0F MATAWIN VENTURES TRUST SERIES 2018-1 (the “P1aintiff”), as an officer or
`employee of KCC, which is the Plaintiff’s loan servicing agent for the meitgage loan that is the
`
`subject ofthe above-referenced foreclosure action (the “Loan”).
`
`

`

`3.
`
`KCC maintains records for the Loan in its capacity as the Plaintiff s servicer and
`
`it KCC’s regular practice to make such records. KCC administers the acceptance and application
`
`of mortgage Loan payments and maintains business records with respect to those transactions
`
`and generally administers the Loan in the customary and ordinary course of business. These
`
`transactions are entered into the computer business records of the Plaintiff within a reasonable
`
`period of time after the transaction occurs, by persons with personal knowledge of the
`
`information in the business record, or from information transmitted by persons with personal
`
`knowledge.
`
`4.
`
`5.
`
`The information in this Affidavit is taken from KCC’S business records.
`
`Eleanor K. D’Amato, who died on October 17, 2016 (“D’Amato”), promised to
`
`pay the Plaintiff the mortgage Loan debt in the original principal amount of $210,000.00. As part
`
`of my job responsibilities I am personally familiar with the business records of D’Amato’s
`
`mortgage Loan account. I have personally reviewed and am familiar with that account with
`
`respect to a Note (Home Equity Conversion Note) and a Mortgage (Home Equity Conversion
`
`Mortgage) in the original principal amount of $210,000.00 that D’Amato signed in favor of
`
`Webster Bank, NA. on August 30, 2004 (the “Note;” the “M01'tgage;”). By operation of
`
`Paragraph 4 C. of the Note, Eleanor K. D’Amato had no personal liability for payment of the
`
`Mortgage debt.
`
`6.
`
`The Plaintiff, directly or through an agent, has possession of an Original Note, as
`
`endorsed by Webster Bank, NA. to Financial Freedom Senior Funding Corporation (“FFSFC”),
`
`which, in turn, endorsed the Note in blank. The Plaintiff is the holder of the Note and was the
`
`holder of the Note prior to the date the Complaint was filed in this action by virtue of the
`
`endorsement in blank by FFSFC.
`
`

`

`7.
`
`This is an action to foreclose the Mortgage, which secures the repayment of the
`
`debt evidenced by the Note. In partial reliance on Subparagraph 7 A of the Note, this foreclosure
`
`was filed in light of the death of D’Amato, and in the absence of a surviving Borrower, as shown
`
`by D’Amato’s death certificate, annexed to the Complaint as Exhibit H. The Mortgage was
`
`recorded on September 3, 2004 in Volume 1917 at Page 300 of the Enfield Land Records.
`
`Webster Bank, NA. assigned the Mortgage to FFSFC by instrument dated August 30, 2004 and
`
`recorded September 3, 2004 in Volume 1917 at Page 311; which later assigned the Mortgage to
`
`Mortgage Electronic Registration Systems, Inc., as Nominee for Financial Freedom Acquisition,
`
`LLC by instrument dated December 28, 2009 and recorded January 6, 2010 in Volume 2503 at
`
`Page 490; and which thereafter assigned the Mortgage to The Secretary of Housing and Urban
`
`Development by instrument dated May 28, 2015 and recorded June 8, 2015 in Volume 2622 at
`
`Page 86; which finally assigned the Mortgage to the Plaintiff by instmment dated August 23,
`
`2018 and recorded September 10, 2018 in Volume 2703 at Page 538 of the Enfield Land
`
`Records.
`
`8.
`
`The following amounts due to the Plaintiff under the Note and Mortgage are now
`
`due and owing with interest calculated from October 17, 2016 through October 31, 2018:
`
`Principal Balance:
`
`Interest from 10/17/2016 through 10/31/2018:
`
`Escrow Advance (Hazard Insurance)
`
`Grand Total
`
`$
`
`$
`
`8
`
`$
`
`157,176.62
`
`2,763.57
`
`313.49
`
`160,253.68
`
`The itemized amounts reported above may not include fees, expenses and sums currently
`
`due and owing on the Loan. The Plaintiffs exclusion of any such items in this Affidavit of Debt
`
`

`

`does not mean that such fees, expenses and sums were not properly due and owing under the
`
`Note and the Mortgage and/or at the time of any prior communication to D’Amato about such
`
`items.
`
`9.
`
`The interest rate under the Note is 3.875 percent (0.03 875%). Interest accrues
`
`under the Note at a rate of $17.22 for each day that the Note is unpaid, subject to any adjustment
`
`as may be provided for in the Note.
`
`10.
`
`The Plaintiff asks that the Court take judicial notice that there are not setoffs or
`
`counterclaims presently pending in this action.
`
`FIANT
`
`Darly Thammagno
`
`WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN
`ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS
`
`CAPACITY AS OWNER TRUSTEE OF MATAWIN
`
`VENTURES TRUST SERIES 2018-1 By Kondaur Capital
`Corporation, As Separate Trustee
`
`Darly Thammagno, Foreclosure Specialist of Kondaur Capital Corporation, As
`Separate Trustee and as the servicer for WILMINGTON SAVINGS FUND SOCIETY,
`FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS
`OWNER TRUSTEE 0F MATAWIN VENTURES TRUST SERIES 2017-2, known to
`me to be the person described within, personally appeared before me, and made oath as to the
`truth of the foregoing Affidavit this day of October 2018 at Orange, California.
`
`* See attached
`
`Notary Public
`
`My Commission Expires
`
`Eleanor K. D’Amato
`
`102 No. Maple Street
`
`Unit 4B
`
`Enfield, CT 06082
`
`

`

`GOVERNMENT CODE § 8202
`CALIFORNIA JURAT WITH AFFIANT STATEMENT
`mmmmmfiammflmflmmwmgflm
`
`El See Attached Document (Notary to cross out lines 1-6 below)
`El See Statement Below (Lines 1—6 to be completed only by document signer[s], not Notary)
`
`
`
`Signature of Document Signer No. 2 (if any)
`Signature of Document Signer No. 1
`
`
`A notary public or other otticercompleting this certificate verifies only the identity of the individual who signed the document
`
`to which this certificate is attached, and not the truthfuiness, accuracy. or validity of that document.
`
`State of California
`Countyof Orange
`
`
`
`=lVNN--..3
`
`R. SMITH-BROWNE
`Commission # 2094512
`Notary Public - Calilornla
`Orange County
`Comm. Expires Dec 22, 2018
`
`
`
`
`
`
`
`..
`‘
`
`'
`
`
`Subscribed and sworn to (or affirmed) before me
`
`on this _3__ day of
`’05
`,20 18
`by
`Date
`Month
`Year
`
`.
`
`(1) Darly Thammango
`
`Nome(s) of Signer(s)
`
`proved to me on the basis of satisfactory evidence to
`be the personts) who appeared before me.
`
`t 5'
`Signature W
`
`Place Notary Sea! and/or Stamp Above
`
`R.Smiti1-Browne, Notary Pubiic
`
`
`
`OPTIONAL
`
`Completing this information can deter uiterotion of the document or
`fraudulent reattachment of this form to an unintended document.
`
`
`
`Description of Attached Document
`
`Title or Type of Document: Aftidawt of Debt
`
`Document Date:
`
`10-3-2018
`
`Number of Pages:
`
`Signer(s) Other Than Named Above:
`
`@2017 National Notary Association
`
`

`

`"
`
`..
`
`'
`i.
`
`ADJUSTABLE RATE NOTE
`(HOME EQUITY CONVERSION)
`
`FHA Case No.
`
`AUGUST 30
`
`, 2004
`
`102 NORTH MAPLE ST UNIT 4B, ENFIELD, CONNECTICUT 06082
`[Property Address]
`
`1. DEFINITIONS
`"Borrower" means each person signing at the end ofthis Note. "lender" means
`\VEBSTER BANK, NATIONAL ASSOCIATION
`
`and its successors and assigns. “Secretary" means the Secretary of Housing and Urban Development or his or her aufliorize-d
`representatives.
`
`2. BORROWER'S PROMISE TO PAY; INTEREST
`In return for amounts to be advanced by Lender to or for the benefit of Borrower under the terms of a Home Equity Conversion
`Loan Agreement dated AUGUST 30, 2004
`("Loan Agreement"), Borrower promises to pay to the order of Lender a principal
`amount equal to the sum of all Loan Advances made under the Loan Agreement with interest. All amounts advanced by Lender, pins
`interest, if not paid earlier, are due and payable on DECEMBER 28
`, 2082
`. Interest will be charged on unpaid principal at
`the rate of THREE AND 480f1000
`percent (
`3.4800 %) per year until the full amount ofprirrcipal has been
`paid. The interest rate may change in accordance with Paragraph 5 of this Note. Accrued interest shall be added to the principal
`balance as a Loan Advance at the end of each month.
`
`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 Instmmcnt." That Security Instrument protects the Lender from losses which might result if
`Borrower defaults under this Note.
`
`4. MANNER OF PAYMENT
`(A) Time
`Borrower shall pay all outstanding principal and accrued interest to Lender upon receipt of a notice by Lender requiring
`immediate payment in full, as provided in Paragraph '1 of this Note.
`(B) Place
`Payment shail be made at WEBSTER BANK, NATIONAL ASSOCIATION,
`
`609 WEST JOHNSON AVENUE,
`CHESHIRE, CONNECTICUT 06410
`
`may designate in writing by notice to Borrower.
`(C) Limitation of Liability
`Borrower shall have no personal iiability for payment of the debt. Lender shall enforce the debt only through sale of the
`Property covered by the Security instrument (‘Pmperty"). It‘this Note is assigned to the Seéretary, the Borrower shall not be
`liable for any difi‘erence between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including
`accrued interest, owed by Borrower at the time of the assignment
`
`, or any such other place as Lender
`'
`
`5. INTEREST RATE CHANGES
`(A) Change Date
`that day of each succeeding
`, and on 1:]
`The interest rate may change on the first day of NOVEMBER, 2004
`the first day of each succeeding month. "Change Date“ means each date on which the interest rate could change.
`year
`(B) The Index
`Beginning with the first Change Date, the interest rate will be based on an Index. "Index' means the weeldy average yield
`on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve
`Board. "Chirrent Index" means the most recent Index figure available 30 days before the Change Date. If the index (as defined
`above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary. Lender will give Borrower
`notice ofthe new index.
`(C) Calculation of Interest Rate Changes
`Before each Change Date, lender will calculate a new interest rate by adding a margin of ONE AND 50011000
`percentage points (
`1.50000 %} to the Current Index. Subject to the limits stated in Paragraph $(D) of this Note, this amount
`will be the new interest rate until the next Change Date.
`(D) Limits on Internet Rate Changes
`‘
`I] 'Ihe interest rate will never increase or decrease by more than two percentage points (2.0%) on any single Change
`Date. The interest rate will never be more than five percentage points (5.0%} higher or lower than the initial interest rate stated
`in Paragraph 2 of this Note.
`The interest rate will never increase above THIRTEEN AND 43011000
`(E) Notice of Changes
`,
`Lender will give notice to Borrower of any change in the interest rate. The notice must be given at least 25 days before the
`new interest rate takes effect, and must set forth (i) the date ofthe notice, (ii) the Change Date, (iii) the old interest rate, (iv) the
`new interest rate, (v) the Current Index and the date it was published, (vi) the method of calculating the adjusted interest rate,
`and (viD any other information which may be required by law fiom time to time.
`
`13-43000 %).
`
`percent (
`
`303m : 06:04
`
`Page ] of3
`
`

`

`(F) Effective Date of Changes
`, A net; interest rate calculated in accordance with paragraphs 5(0) and 5(D) of this Note will become effective on the Change
`Date, unless the Change Date occurs less than 25 days after Lender has given the required notice. if the interest rate calculated in
`accordance with Paragraphs 5(0) and 5(0) of this Note decreased, but Lender failed to give timely notice of tlie decrease and
`applied a higher-rate than the rate which should have been stated in a timely notice, then Lahder shall recalculate the principal
`balance owed under this Note so it does not reflect any excessive interest.
`
`6. BORROWER'S RIGHT TO PREPAY
`A Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty. Any amount of
`debt prepaid will first be applied to reduce the principal balance of the Second Note described in Paragraph 11 of this Note and then
`to reduce the principal balance of this Note.
`.
`-
`. All prepayments of the principal balance shall be applied by Lender as follows:
`Fist, to that portion of the principal balance representing aggregate payments for mortgage insurance premiums;
`Second, to that portion of the principal balance representing aggregate payments for servicing fees;
`{bid to that portion ofthe principal balance representing accrued interest due under the Note; and
`
`Fourth, to the remaining portion ofthe principal balance. A Borrowerrmay specify whether a prepayment is to be credited to
`that portion of the principal balance representing monthly payments or the line of credit if Borrower does not designate
`which portion of the principal balance is to be prepaid, Lender shall apply any partial prepayments to an existing line of
`credit or create a new line of credit.
`
`7. IMEHEDIATE PAYitfl-ZNT IN FULL
`(A) Death or Sale
`Lender may require immediate payment in full of all outstanding principal and accrued interest if:
`(i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower, or
`(ii) All ofa Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold
`or otherwise transferred and no other Borrower retains title to the Property in fee simple or retains a leasehold under a lease for
`loss than 99 years which is renewable or a lease having a remainlng period of not less than 50 years beyond the date of the
`100th birthday ofthc youngest Borrower or retains a life estate (or retaining a beneficial interest in a trust with such an interes
`in the Property).
`'
`(B) Other Grounds
`Lender may require immediate payment in full of all outstanding principal and accrued interest, upon approval by an
`authorized representative ofthe Secretary. if:
`(i) The Pmperty ceases to be the principal rmidencc of a Borrower for reasons other than death and the Property is not the
`principal residence of at least one other Borrower;
`(ii) For a period of longer than 12 consecutive months, a Borrower fails to physically occupy the Property because ofphysical
`or mental illness and the Property is not the principal residence of at least one other Borrower, or
`(iii) An obligation of the Borrower under the Security Instrument is not performed.
`(C) Payment of Costs and Expenses
`If Lender has required immediate payment in full as described above, the debt enforced through sale of the Property may
`include costs and expenses, including reasonable and customary attomeys' fees, associated with enforcement of this Note to the
`extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as
`the principal of this Note.
`'
`'
`7
`.
`(D) Trusts
`Conveyance of a Borrower’s interest in the Property to a trust which meets the requirements ofthe Secretary, or conveyance of
`a trust‘s interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shall
`not be considered an occupant or be considered as having a principal residence for purposes ofthis Paragraph.
`8. WAIVERS
`
`‘Tresentrnent" means the right to require Lender to demand
`Borrower waives the rights of presentment and notice of dishonor.
`payment of amounts due. "Notice of dishonor” means the right to require Lender to give notice to other persons that amounts due
`have not been paid.
`
`9. GIVING 0F NOTICES
`
`Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by
`delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a different address if Borrowar has
`given Lender a notice of Borrower's different address.
`
`Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
`Paragraph 4(3) or at a different address ifBorrower is given a notice ofthat difi’ercnt address.
`
`10. OBLIGATIONS OF PERSONS UNDER THIS NOTE
`
`Ifmore than one person signs this Note, each person is fully obligated to keep all ofthe promises made in this Note. {coder may
`enforce its rights under this Note only thrcrugh sale of the Property.
`
`11. RELATIONSHIP TO SECOND NOTE
`(A) Second Note
`Because Borrower will be required to repay amounts which the Secretary may make to or on behalf of Borrower pursuant to
`Section 255(1)(I)(A) of the National Housing Act and the Loan Agreement, the Secretary has required Borrower to grant a Second
`Note to the Secretary.
`'
`(B) Relationship of Secretary Payments to this Note
`Payments made by the Secretary shall not be included in the debt due under this Note unless:
`(i) This Note is assigned to the Secretary; or
`(ii) The Secretary accepts reimbursements by the Leader for all payments made by the Secretary.
`
`If the circumstances described in (i) or {ii) occur, then all payments by the Secretary, including interest on the payments, shall be
`included in the debt.
`7
`
`31m: carer
`
`' PageIofl
`
`

`

`r
`
`l
`
`(C) Effect: on Borrower
`Where there is no assignment or reimbursement as described in (3)6) or (ii), and the Secretary makes payments to Borrower,
`' then Borrower shall not:
`
`(1') Be required to pay amounts owed under this Note until the Secretary has required payment in full of all outstanding
`principal and accrued interest under the Second Note held by the Secretary, notwithstanding anything to the won-erg in
`Paragraph 7 of this Note; or
`I
`(ii) Be obligated to pay interest or shared appreciation under this Note at any time, whether accrued before or afler the
`payments by the Secretary, and whether or not accrued interest has been included in the principal balance of this Note,
`notwithstanding anything to the contrary in Paragraphs 2 or 5 of this Note or any Altonge to this Note.
`12. SHARED APPRECIATION
`
`IfBorrower has executed a Shared Appreciation Allonge, the covenants of the Allonge shall be incorporated into and supplement
`the covenants ofthis Note as ifthe Allonge were a part ofthis Note.
`
`BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
`
`/’We)
`
`ANOR IL D'AMATO
`
`-Boooner
`
`
`(5651)
`none-w
`
`I
`
`‘ht titie and interest ore-.e undersigned to the
`All
`Wfign créditlnstnrment is hereby assigned to the
`secetaryoffiousing and Urban Devetopmentof
`Washington, 0.6.. hislher successor and assigns.
`
`Financial Freedom, 5 tvtston of OneWest Bank NA.m .
`
`PAY TO THE ORDER OF
`
`
`WITrtOUT RECOUFiSE
`FlNéNCIAL FREEDOM SENIOR
`”tit-titties coepoenrzon
`
`
`
`WM
`
`32”.: 11:96
`
`Pagefl of3
`
`

`

`,
`
`,
`
`r-
`
`"
`
`NOTE ALLONGE
`
`Borrower:
`
`ELEAHUH K. D'ARATD
`
`Investor Loam?
`
`[\ddress:
`
`102 NORTH MAPLE ST UNIT 43
`ENFIELD, GT
`08082
`
`Loan#: m '
`
`8/30/04
`Note Date:
`Loan Amount:
`$
`
`95,480.08
`
`m”—
`
`PAY TO THE ORDER OF
`Financial Freedom Senior.Fundlng corporation
`WITHOUI—fRECOURSE,
`
`§1gfirt
`Bank_,'-Hational Association
`
`
`
`6100
`RO'IEALLG
`
`