DOCKET NO. KNL-CV-15-6023798-S
`
`FARM CREDIT EAST, ACA
`
`V-
`
`JAMES R. PESTEY, ET AL
`
`:
`
`:
`
`:
`
`:
`
`SUPERIOR COURT
`
`J. D. OF NEW LONDON
`
`AT NEW LONDON
`
`JUNE 23, 2016
`
`MORTGAGEE'S AFFIDAVIT OF COMPLIANCE
`WITH THE EMERGENCY MORTGAGE ASSISTANCE PROGRAM
`
`ss: New London
`
`June 23, 2016
`
`) )
`
`)
`
`STATE OF CONNECTICUT
`
`COUNTY OF NEW LONDON
`
`Personally appeared, Attorney Michael W. Sheehan of Conway, Londregan, Sheehan &
`Monaco, P.C. of the Town of East Lyme, County of New London, State of Connecticut, being duly
`sworn, deposes and says:
`
`I am over the age of eighteen (18) years and understand and believe in the
`1.
`obligation of an oath.
`
`I am employed as an attorney at the law firm of Conway, Londregan, Sheehan &
`2.
`Monaco, P.C. and am admitted to practice in the State of Connecticut.
`
`The law firm of Conway, Londregan, Sheehan & Monaco, P.C. has been retained
`3.
`by the Plaintiff in reference to a foreclosure action against JAMES R. PESTEY and JOAN M.
`PESTEY.
`this affidavit relates to the Plaintiffs compliance with the terms of the
`That
`4.
`Emergency Mortgage Assistance Program, Conn. Gen. Stat. § 8-265aa et seq., as amended by P.A.
`08-176 (the "Act").
`
`5.
`
`That the Plaintiff is a "mortgagee" as defined in Section 8-265cc of the Act.
`
`That the Plaintiff has fully complied with the requirements of the Act by mailing to
`6.
`JAMES R. PESTEY and JOAN M. PESTEY the mortgagors, on February 2, 2015, at 348 Lebanon
`Road, North Franklin, CT 06254, by certified and first class mail a notice containing all of the
`information required by that subsection. A copy of the notice is attached hereto as EXHIBIT A.
`
`

`
`That more than 60 days have passed since the date said notice was mailed, and the
`7.
`Plaintiff has verified through direct
`inquiry with the Connecticut Housing Finance Authority
`(CHFA) that:
`
`Homeowners have not contacted CHFA.
`
`
`
`attached hereto as EXHIBIT B.
`
`A copy of CHFA's EMAP inqui
`
`8.
`
`Michael W. Sheehan, Esquire of
`Conway, Londregan, Sheehan & Monaco, P.C.
`
`\
`LC
`'
`.
`.
`Subscribed and sworn to before me, thw day of June, 2016
`
`
`
`'UB;.t|iCut
`NOTAR
`My Cittfrifisgon Exiiiiies 2/28/2015
`
`f C
`
`9
`
`5
`
`

`
`

`
`‘W
`$
`CONWA Y, ILONDREG/tN, SHEEHAN & MONA co, P. C.
`ATTORNEYS AT LAW
`38 HUNTINGTON STREET
`P.O. BOX I351
`NEW LONDON. CONNECTICUT 06320-I351
`
`KEVIN W CONWAY‘
`FRANCIS T LONDREGAN u93s.2oos)
`THOMAS J LONDREGAN
`
`BRMN K_ ESTEP
`JEFFREY T. LONDREGAN
`ERIC} GAROFANO
`VICTORIA S MUELLER
`
`-“ or COUNSEL
`-- JD ma MBA
`
`."'“C“"'5‘- W 5“EE“*‘N
`Email Msheehan@Cl.SMLAW com
`Phone: (860) 447-]l7l
`www.conwaylondregan.com
`Fax: (B60)444-6l0.1
`
`February 2. 2015
`
`VIA CERTIFIED AND FIRST CLASS MAIL
`
`James R. Pestey
`Joan M. Pestey
`348 Lebanon Road
`North Franklin, CT 06254
`
`Re:
`
`Farm Credit East , ACA- $450,000.00 Note & Mortgage dated 0 I /07/2009 - Account No. 7049765
`On proper_ty listed as Securig for the Mortgage dated 01/07/2009 , containing 6l+/- acres; and
`.T________________.______________
`ecorded on 0l/08/09 in the Franklin Land Records
`
`Dear Mr. and Ms. Pestey:
`
`Please be advised that I represent your creditor, Farm Credit East, ACA in collection of the above-referenced debt to
`said creditor. The details of the debt are contained below. Any information I obtain will be used in the collection of
`your debt to Farm Credit East. ACA. Please note that if your debt has been discharged in a bankruptcy proceeding,
`then this notice is being sent solely to satisfy the requirements of the mortgage and no attempt will be made to collect
`any discharged debt from you personally.
`
`You are in default on the debt in that periodic payments have not been paid when due.
`
`For
`In order to cure said default and to reinstate the loan, you must pay the past due amount by March 3. 20l5.
`informational purposes, as of February 2, 20l 5, the sum of $54,l69.S6 is past due. Because of interest, late charges.
`and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you
`pay the amount shown above, an adjustment may be necessary. For further updated payment infonnation, please call
`the undersigned at 860-447-3 l 7l in order to obtain the exact amount necessary to reinstate the loan.
`Failure to cure the default and reinstate the loan on or before March 3, 2015, shall result in the acceleration ofthe suni
`secured by the mortgage, and foreclosure or sale of the property.
`The amount ofthe aggregate total debt as of February 2, 2015, is $415,565.83 which is broken down as follows:
`
`4
`
`Principal:
`Interest:
`Late Charges:
`Attorney's Fees:
`Total:
`
`S 384,283.47
`$ 31,082.36
`$
`0.00
`§__2_0(LQQ
`$
`
`Interest and charges continue to accrue on the unpaid balance.
`
`- E \(\\x\>\\ 9* '
`
`

`
`UNLESS wITHIN 30 [)AYS AFTER RECEIPT OF THIS NOTICE. YOU DISPUTE THE VALIDITY OF THE
`DEBT. OR ANY PORTION THEREOF, I wILI. ASSUME THE DEBT TO BE VALID. HOWEVER, THE FACT
`THAT YOU DO NOT NOTIFY ME THAT YOU DISPUTE THE VALIDITY OF THE DEBT MAY NOT BE
`CONSTRUED BY ANYONE AS ADMISSION OF LIABILITY BY YOU.
`
`IF YOU NOTIFY ME IN WRITING WITHIN THE THIRTY (30) DAY PERIOD THAT THE DEBT, OR ANY
`PORTION THEREOF, IS DISPUTED,
`I WILL OBTAIN VERIFICATION OF THE DEBT OR A COPY OF A
`JUDGMENT AND A COPY OF SUCH JUDGMENT OR VERIFICATION WILL BE MAILED TO YOU. UPON
`YOUR WRITTEN REQUEST WITHIN THE THIRTY (30) DAY PERIOD. I WILL PROVIDE YOU WITH THE
`NAME AND THE ADDRESS OF THE ORIGINAL CREDITOR (IF DIFFERENT FROM THE CURRENT
`CREDITOR).
`
`THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT
`AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE.
`
`You may have the right to reinstate after acceleration and the right to assert in court the nonexistence of a default or
`any other defense to acceleration and foreclosure or sale. Your failure to cure on or before the date specified in this
`notice will result in your creditor accelerating the entire amount of your debt without further notice.
`You may obtain a list of agencies that provide financial counseling by calling the HUD Housing Counseling Service
`at l(800)569-4287, Monday through Friday, between the hours 7:00 a.m. and 8:00 p.m. Eastern Standard Time.
`YOUR CREDITOR, FARM CREDIT EAST, HAS RETAINED ME FOR THE SPECIFIC PURPOSE OF
`COLLECTING THE DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE.
`
`Very truly yours,
`Conway, Lond gan, Sheehan & Monaco. P.C.
`
`Mk
`
`Michael W. Sheehan
`
`MWS/cmc
`
`

`
`».
`
`EMy.kGENcv MORTGAGE ASSISTANCE
`NOTICE TO MORTGAGOR
`‘W
`
`Sent by Certified Mail / Postage Prepaid
`
`.
`
`February 2 2015
`
`James R. Pestey
`Joan M. Pestey
`348 Lebanon Road
`
`North Franklin, CT 06254
`
`Re
`
`450 000.00 Note & Mort a e dated 01/07/2009 - Account No. 7049765
`Farm Credit East ACA
`‘
`On ro e
`listed as Securi
`for the Mort a e dated 01/07/2009 containin 6l+/- acres‘ and
`
`
`Dear Mr. and Ms. Pestey:
`
`You may be eligible for emergency mortgage assistance under the provisions of Sections 8-265cc through 8-
`265kk of the Connecticut General Statutes, as amended by Public Act 08-176, known as the Emergency
`Mortgage Assistance Program ("EMAP").
`
`The purpose of this letter is to notify you that:
`
`1. Your mortgage in favor of your Lender may qualify for consideration under EMAP.
`
`2. The Connecticut Housing Finance Authority (the "Authority") is currently accepting applications for
`emergency assistance payments under this Program.
`
`3. You are in default of your Loan due to failure to pay periodic payments when due.
`
`4. You have 60 days from the date of this Notice in which (1) to have a face—to-face meeting. telephone or
`other conference acceptable to the Authority with your Lender or a face-to-face meeting with one of the
`Authority's designated consumer credit counseling agencies to attempt to resolve the delinquency of
`default by restructuring the Loan payment schedule or otherwise. You may contact your Lender at the
`following address and phone number:
`
`Farm Credit East, ACA
`Attn: Jacob R. Raleigh
`Phone 1-860-774-0717
`785 Hartford Pike
`
`Dayville, CT 0624]
`
`5.
`
`If you and your Lender are unable to resolve the delinquency or default. you will have 60 days from
`receipt of this Notice to obtain information and apply for the EMAP Program. You may contact the
`Authority's Customer Service Call Center located at 999 West Street. Rocky Hill. CT 06067 via telephone
`at 860-571-3500 or toll free at 877-571-2432.
`
`6. Please note that a foreclosure action may be commenced by your Lender against you after this Notice has
`been sent to you.
`
`7. No person receiving financial relief under s
`a defense, counterclaim or set-off to any ac
`relief was provided.
`
`ection 8-265cc to 8-265kk. inclusive and as amended, may file
`_
`_
`tion for foreclosure of the mortgage for which such financial
`
`You may wish to consult your attorney about the EMAP Program.
`
`Very truly yours.
`Fann Credit East. ACA
`
`

`
`II
`
`b
`
`CONWA Y, LONDREGAN, SHEEHAN & MONA C0, P. C.
`ATTORNEYS AT LAW
`38 HUNTINGTON STREET
`P 0. BOX I35]
`NEW LONDON. CONNECTICUT 06320
`
`KEVIN W. CONWAY‘
`FRANCIS T. LONDREGAN (1935-zoos)
`THOMAS J. LONDREGAN
`MICHAEL W SHEEHAN"
`RALPHJ MONACO
`BRIAN K‘ F5 rbp
`JEFFREY 'l'. LONDREGAN
`ERIC) GAROFANO
`VICTORIA S MUEl_l.i-ZR
`
`_0fCounseI
`‘
`" JD and MBA
`
`'."l'C”"EL “’- S”EE“"“
`Email msheehan@clsmlaw.com
`‘
`PFEQC
`www.conwaylondregun.com
`
`Via Certified Mail, Return Receipt Requested
`
`February 2. 2015
`
`James R. Pestey
`Joan M. Pestey
`348 Lebanon Road
`North Franklin. CT 06254
`
`Re:
`
`Farm Credit East ACA- 450 000.00 Note & Mort a e dated 01/07/2009 - Account No. 7049765
`On ro ert
`listed as Securi
`for the Mort a e dated 01/07/2009 containin 6I+/- acres’ and
`recorded on OI/08/09 in the Franklin Land Records
`
`Dear Mr. and Ms. Pestey:
`
`This letter concerns the delinquency in your mortgage loan with your Lender. At present you are delinquent in
`your mortgage loan as follows.
`
`Total Monthly Payments Due:
`Interest:
`Attomey’s Fee:
`Total Delinquency:
`
`$ 22.28l.8S
`$ 31,687.71
`$
`200.00
`@4151;
`
`As a result of your delinquency the Lender has the right to commence foreclosure of your property. You
`are advised that pursuant to the provisions of Section 49-24, of the Connecticut General Statutes, as
`amended. known as “An Act Concerning an Optional Method of Foreclosure", you may qualify for a
`Foreclosure by Market Sale. which, subject to agreement by the Lender, would permit a listing of your
`property for sale on the open market and a court - approved sale of your property.
`
`If you are interested in pursuing a foreclosure by Market Sale:
`1) You have 60 days from the date of this letter in which to contact your Lender to discuss whether
`your property may. by mutual consent. be marketed for sale pursuant
`to a listing agreement
`established in accordance with Section 49-24 of the Connecticut General Statutes. as amended by
`Public Act I4-84.
`
`2) On the same date that you make such contact with your Lender. you must send your Lender by
`first-class mail or electronic mail a written confirmation stating that you have elected to pursue a
`Foreclosure by Market Sale.
`
`

`
`3) You must contact a Connecticut Licensed Real Estate Agent (licensed under Chapter 392 of the
`Connecticut General Statutes) to discuss the feasibility of listing your property for sale pursuant
`the foreclosure by market sale process.
`
`4)
`
`lf you and your Lender agree to proceed with further discussions concerning a listing agreement
`pursuant the foreclosure by market sale process you must pennit your Lender to obtain an
`appraisal of your property by a licensed real-estate appraiser to determine whether you qualify for
`a Foreclosure by Market Sale. This appraisal will require both an interior and exterior inspection
`of your property and you must upon Lender’s request permit such appraiser access at reasonable
`times to the interior and exterior of your property.
`
`5) The terms and conditions of any listing agreement pursuant to the foreclosure by market sale
`process, including the duration and listing price, must be acceptable to both you and your Lender.
`
`6) The terms and conditions of any offer to purchase pursuant the foreclosure by market sale process,
`including the purchase price and any contingencies, must be acceptable to both you and your
`Lender.
`
`7)
`
`lf an offer to purchase that is acceptable to both you and your Lender is received. you will sign an
`agreement to sell your property through a foreclosure by market sale
`
`IF YOU CONSENT TO A FORECLOSURE BY MARKET SALE. YOU WILL NOT BE ELIGIBLE FOR
`FORECLOSURE MEDIATION IN ANY TYPE OF FORECLOSURE ACTION THAT IS
`COMMENCED FOLLOWING THE GIVING OF SUCH CONSENT.
`
`Your Lender can be reached at:
`
`Farm Credit East, ACA
`
`Attn: Jacob R. Raleigh
`Address: 785 Hartford Pike
`
`Dayville, CT 06241
`Phone: 1- 860-774-0717
`Fax: 1-860-774-6121
`
`Email: jacob.ra|eigh@farmcrediteast.com
`
`Under the Act. your Mortgagee may not commence foreclosure prior to mailing this notice to you.
`
`

`
`E
`
`;«.»~
`
`,
`
`A.‘
`
`NV
`
`.
`
`I
`I
`
`COi‘w7PLE3I'E THIS SECTION ON DELIVERY
`
`
`
`
`
` W‘
`I
`Addresseew
`
`
`
`K Received by Prirl7:t_‘edAN .
`C. Dat of livery
`
`
`
`
`D.
`
`is cfelivery address different from item 1’? I Yet;
`if YES, enter deiivery address below:
`D No
`
`
`
`SENDER: COMPLETE THIS SECTION
`
`
`I Complete items;/tr, 2, ‘and 3. Also complete
`item 4 if Restricted Detivery is desired.
`I Print your name and address on the reverse
`so that we can return the card to you.
`I Attach this card to the back of the maiipiece,
`or on the from if space permits.
`*
`W
`’
`‘~ A"‘‘‘’9 Addmssed ‘C:
`
`
`
`t
`
`
`
`
`
`3. ServtceType
`In Certified Man
`CI Registered
`{:1 Insured Mail
`
`:1 Express Mail
`E Return Receipt fer Merchandise
`[3 c.o.n.
`
`*'“"“°‘e"‘”"‘e"
`
`7312 LEAD (man 7029 3232
`
`» m&»
`
`(Transfer from service /abet)
`
`
`PS Form 3811 , February 2004
`Domestic Return Receipt
`102595-O2-M-154p
`
`4. Restricted Deltvery‘? (Extra Fee)
`
`{:1 Yes
`
`
`
`

`
`
`
` Conway, Lordrman, Sheehan & Monaco, RC.
`
`38 Huntington Avenue
`NevgILon‘do;n, “CT 06320
`
`
`
` jv First-Ctass Mai!
`?w@ge & Fees Paid
`USPS
`
`
`.-
`
`
`
`
`
`

`
`Jen Charest
`
`From:
`
`Sent:
`TO:
`
`Subject:
`
`Timbro, Lydia <lydia.timbro@chfa.org> on behalf of Mortgageeinfo
`<mortgageeinfo@chfa.org>
`Wednesday, June 22, 2016 3:42 PM
`Jen Charest
`
`RE: EMAP Inquiry — Pestey
`
`Homeowner has not contacted chfa.
`
`Lydia M. Timbro
`Customer Service
`C HFA
`999 West Street
`
`Rocky Hill, CT 06067
`860-571-4365
`
`860-571-3595 (Fax)
`
`‘W
`
`N E(:”l"lCUT
`CC
`73% %“~%(3Ui§%§‘€(,}
`§:lNAN‘(WfE§
`P«%,.3 3 $‘i'£T'%§¥?§’i
`“&"
`
`From: Jen Charest |mailto:JCharest@clsmIaw.com]
`Sent: Wednesday, June 22, 2016 2:26 PM
`To: Timbro, Lydia
`Subject: EMAP Inquiry - Pestey
`
`Hi Lydia,
`Please check your records to see if the following borrower/mortgagor(s) have contacted you under the EMAP
`for a foreclosure case we are handling:
`
`BORROWER/MORTGAGOR: James & Joan Pestey
`LENDER: Farm Credit East, ACA
`
`LOAN: $450,000 Note & mtg 1/7/09
`PROPERTY: 348 Lebanon Rd., Franklin CT
`
`If you need any additional information in order to complete your search, please let us know.
`
`Thank you,
`Jen
`
`-:~L\'v¢A\‘¥@_) “’