throbber
DOCKET NO.: NNH-CV-17-60728488S
`
`FRANKLIN AMERICAN MORTGAGE
`COMPANY
`
`:
`
`;
`:
`
`VS.
`
`ALEXANDER M. EUSKOLITZ
`
`SUPERIOR COURT
`JUDICIAL DISTRICT
`
`OF NEW HAVEN
`
`AT NEW HAVEN
`
`February 19, 2018
`
`AFFIDAVIT OF COMPLIANCE WITH EMAP
`
`I, the undersigned, sworn on oath, state as follows:
`
`1.
`
`Mynameis Eileen C. O’Shaughnessy.
`
`2.
`
`I am employedas an attorney at the law firm of Marinosci Law Group,P.C.
`
`I am familiar with the facts of this case.
`
`On or about December 19, 2016, a Demandletter was sent via regular and certified
`mail to Alexander M. Euskolitz at 39 Guilford Court, East Haven, CT 06512-2224.
`advising him that the Note is in default for breach of the conditions contained in the
`Loan Documents,
`including failure to make monthly payments. Defendant was
`provided with an arrearage amountto cure the loan by February22. 2017.
`
`Notice sent also advised the Defendant that under Section 8-265ee of the Connecticut
`General Statutes, as amended, that he has 60 days from the date oftheletter to:
`(1) Have a face-to-face meeting or telephone or other conference acceptable to the
`authority with the Mortgagee or a face-to-face meeting with a consumercredit
`counseling agency to attempt
`to resolve the delinquency or default of the
`mortgage loan byrestructuring the loan payment schedule or otherwise;
`(2) Contact the Connecticut Housing Finance Authority at 999 West Street, Rocky
`Hill, Connecticut 06067, Telephone 860-721-9501 to obtain information and
`apply for emergency mortgage assistance payments if the mortgagor and
`mortgagee are unable to resolve the mortgage delinquency or default.
`
`A list of the CHFA/HUD-Approved Housing Counseling Agencies was sent as an
`attachment along with the Demandletter that was sent via regular andcertified mail
`on December 19, 2016.
`
`I make these statements based upon my own knowledge, information andbelief.
`
`

`

`”E
`
`
`ileen C.YOShaghnasy
`
`Attorney, Juris Number 40901 7
`Marinosci Law Group,P.C.
`
`Dated:
`
`2 | / Q
`
`, 2018
`
`State of Rhode Island
`County of Kent
`The foregoing instrument was acknowledged, subscribed and sworn to before methis LYan
`, 2018 by Eileen C. O’Shaughnessy.
`
`day of
`
`
`Notary Public
`Printed Name:
`My Commission Expires:
`
`SAMANTHA A. PETTY, Notary # 760433
`Notary Public, State of Rhode Island
`
`My Commission Expires Feb. 21, 2021
`
`

`

`EXHIBIT A
`
`

`

`PO Box 77404
`
`|
`
`USPS CERTIFIED MAIL™
`
`9314 8200 1910 0000 0022 80
`
`
`+ ObTbb16 000000294 O9DCO3 00944192 F?
`
`Alexander M Euskolitz
`39 Guilford Court
`East Haven CT 06512-2224
`EgpnggPondVhgpafegApfoepugayayyfyef{geGABafegagglyADfgsteuael
`
`KA
`
`fx FranklininAmerican
`
`MORTGAGE COMPANY
`
`

`

`fx Franklin American
`
`MORTGAGE COMPANY
`
`
`0070928288 F7
`
`December 19, 2016
`
`Alexander M Euskolitz
`39 Guilford Court
`Bast Haven CT 06512-2224
`
`RE:Loan Number:
`Property Address: 39 Guilford Court
`East Haven CT 06512-2224
`
`aN
`a8
`
`III
`
`NOTICE
`
`This notice is to inform you that you have defaulted in your obligations under the
`terms of a Note and Mortgage on the mortgaged property listed above and to advise
`you of certain rights you have under the loan documents.
`For the Purposes of this
`notice the term Note means
`a mortgage note, bond or similar agreement
`to repay a
`loan and the term Mortgage means
`a mortgage,
`a deed of
`trust, security deed or
`other similar security instrument that secures the Note.
`
`failure to pay the monthly mortgage payments due
`The default consists of your
`beginning November 01, 2016 until
`the present. The total amount due to cure the
`loan may also include sums for unpaid escrow deposits and late charges. The total
`amount due as of the date of this letter. is $2102.66.
`
`Please be advised that under Section 8-265ee of the Connecticut General Statutes,
`as amended, you have until February 22, 2017 to:
`(1) have a face-to-face meeting or
`telephone or other conference with our company or
`a
`face-to-face meeting with a
`consumer credit counseling agency to attempt
`to resolve the delinquency or default
`of the above-referenced mortgage loan by restructuring the loan payment schedule or
`otherwise; and (2) contact
`the Connecticut Housing Finance authority at the address
`and phone number contained in this notice,
`to obtain and apply for emergency
`mortgage
`assistance
`payments
`if
`you
`are
`not
`able
`to resolve
`the mortgage
`delinquency or default with our
`company. You may contact Connecticut Housing
`Finance Authority at: Connecticut Housing Finance Authority, 999 West Street, Rocky
`Hill, Connecticut 06067, Tel.
`(860) 571-3500, or toll free at 877-571-CHFA (2432).
`You also have the right to cure the default on or before the date identified below
`by sending the required amount of $2102.66 to:
`
`Loan Servicing
`PO Box 986
`Newark, NJ 07184-0986
`
`Ir YOUR NEXT PAYMENT DUE DATE OCCURS ON OR BEFORE YOU SUBMIT THE TOTAL AMOUNT DUE
`TO CURE THE DEFAULT,
`the default will not be cured unless your next payment is made
`in addition to the Total Amount Due. You are not required to pay your next monthly
`payment
`in advance.
`
`The Cure Amount must be received on or before January 23, 2017, or if that day is a
`weekend or holiday,
`the following business day. Only the full Cure Amount due will
`be accepted. Payments less than the full Cure Amount may be returned.
`rm
`-
`mr
`
`696618 000000294 O9DCO3 00944192
`
`Toll Free: 877-883-1073 * Website: www.famchomeloan.com
`
`

`

`Page 2
`Loan Number:
`
`(>
`
`in (1)
`2017 May result
`Failure to pay the Cure Amount on or before January 23,
`acceleration of all sums secured by the Mortgage to be immediately due and payable
`and
`(2)
`foreclosure and sale of
`the mortgaged property,
`and any other remedies
`permitted by applicable law. If you fail
`to pay the Cure Amount by January 23,
`2017, we, at our option, may require immediate payment of all sums secured by the
`Mortgage without
`further
`demand
`and may
`foreclose
`the Mortgage
`by
`judicial
`proceedings and/or any other remedies permitted by applicable law.
`
`in the
`to reinstate the loan after acceleration and to assert
`You have the right
`foreclosure proceedings
`the non-existence of
`a default or any other defense to
`acceleration and foreclosure or sale.
`
`following amounts,
`The
`reinstate your loan.
`
`if any, are also due, however,
`
`they are net necessary to
`
`Recoverable Corporate Advance**
`Escrow Advance**
`Other Non-Secured Amounts**
`
`Total
`
`$
`$
`$
`
`$
`
`00
`-00
`5.00
`
`5.00
`
`** An itemization of these amounts is available upon request.
`
`any questions or
`have
`itemization or
`like an
`you would
`If
`information, please contact us toll-free at 1-877-883-1073.
`
`need additional
`
`*THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
`THAT PURPOSE*
`
`* If you have received a discharge in bankruptcy, and the debt related to the above
`mortgage was not reaffirmed,
`this notice is not and should not be construed, nor is
`it
`intended,
`to be an attempt
`to collect
`a debt, but
`rather
`is only a notice
`regarding enforcement of a lien against the mortgaged property.
`
`Attachments: CT Foreclosure Mediation Notice of Community Based Resources
`
`AMO20 038 CPR F7
`
`

`

`
`
`FORECLOSURE MEDIATION
`NOTICE OF COMMUNITY-BASED
`ResneeS6
`C.G.8.§49-31) |
`
`STATE OF CONNECTICUT
`SUPERIOR COURT det’
`JUDICIAL BRANCH ._
`(3,
`wwwjud.ct.gova
`
`
`
`
`
`
`ADA NOTICE
`
`The Judicial Branch of the State of Connecticut
`
`complies with the Americans with Disabilities Act
`
`(ADA). if you need a reasonable accommodation in
`accordance with the ADA,contact a court clerk or an
`
`ADAcontact personlisted at www.jud.ct.gov/ADA.
`
`
`
`
`State of Connecticut Departmentof Banking Foreclosure Hotline Bulletin
`Community-Based Resources for Connecticut Homeownersin Foreclosure
`Note: Assistance in multiple languagesis available through Connecticut Housing Finance Authority (CHFA/HUD)-approved
`housing counseling agencies (referto thelist below). Ayuda en Espafiol es disponible a través de agencias de consejeria de
`vivienda aprobado por CHFA/HUD(favorde referirseala lista de abajo).
`Toll-free Mortgage Foreclosure Assistance Hotline: 1-877-472-8313
`Departmentof Banking Website: www.ct.gov/dob
`* The free Foreclosure Hotline is open Monday-Friday 8:00 a.m. to 5:00 p.m. Calls will be returned within two business days.
` 0
`" Homeowners who are currently a party to a foreclosure action with time sensitive foreclosure concems should call the Hotline
`eo
`for assistance. You can also reach the Department of Banking bycalling 1-800-831-7225 (toll-free) or 860-240-8299,
`IAIN
`. Mortgage Assistance from the Connecticut Housing Finance Authority (CHFA)
`==» The Connecticut Housing Finance Authority administers the state's Emergency Mortgage Assistance Program (EMAP)
`- which wascreated by the Connecticut General Assembly. EMAP canhelp eligible homeowners with overdue payments and
`provide monthly mortgage assistance. For more information, contact a CHFA/HUD-approved housing counseling agency
`(listed below), call CHFA at 1-877-571-2432,orvisit www.chfa.org.
`CHFA/HUD-Approved Housing Counselors:
`CHFA/HUD-approved housing counselors provide free help to Connecticut homeowners who are struggling financially and
`maybeatrisk offoreclosure. They can review your budgetandtry to find ways to help with yourfinancial issues. They are
`trained in handling FHA and "conventional" loans and can help you negotiate with your mortgage companyor apply to CHFA
`for an Emergency Mortgage Assistance loan.If a foreclosure case has beenfiled against you and you have asked to
`participate in the Foreclosure Mediation Program,they can help you get ready for mediation (including the Premediation
`meetings with your mediator) and help you submit financial documents to your mortgage companyaspart of the mediation
`process. CHFA/HUD approved housing counselors welcomeresidents from ail over Connecticut. You do not need to
`go to the agencyclosest to you.
`
`
`County
`CHFA/HUD-Approved Housing Counseling Agency
`Phone
`
`Fairfield
`eauepertNeighborhood Trust, 570 State Street, Bridgeport
`203-290-4255 ext. 104
`www.bntweb.org
`
`Community Renewal Team, 330 Market Street, Hartford
`860-761-7937
`.
`=
`
`tighborhood Housing Services ofNew Britain, 223 Broad Street, New Britain
`860-224-2433 ext. 105
`www.
`nhsnb.org
`—
`
`
`NeighborhoodHousing Services of New Haven, 333 Sherman Avenue, New Haven 203-777-6925 ext. 226wwwnhsofnewhavenorg°
`
`New Haven|Capital forChange, inc., 171 Orange Street,New Haven 203-624-7406 ext. 130
`Neighborhood Housing Services of Waterbury, 161 North Main Street, Waterbury
`.
`| wuw.nhswaterbury.org (serves Waterbury, Naugatuck, Torrington, andall of Northwest CT)|203-753-1896 ext. 10
`
`
`
`
`
`
`Hartford
`
`7
`
`
`
`656618 000000254 09DCO3 00944192
`
`

`

`Legal Resources
`Foreclosure Prevention Clinics: The Connecticut Fair Housing Center and the Departmentof Banking presentfree
`clinics for homeowners in foreclosure. Theclinics offer information on the foreclosure process and on preparing for court
`from a Center attorney, and on resources for homeowners from the Department of Banking. After the presentations,
`homeowners can talk abouttheir situations one-on-one with volunteer attorneys and paralegals. When scheduled in
`Hartford County,the clinic is held on the 3rd Tuesday evening of the month andis run by the Connecticut Fair Housing
`Center and the University of Hartford Paralegal Studies Program. When scheduledin Fairfield County,the clinic is held
`on the 3rd Wednesday evening of the month,and is run by the Connecticut Fair Housing Center and Homes Saved By
`Faith. The Fairfield County clinics are sponsored by the mayors of Bridgeport, Stamford, and Norwalk. Call 1-888-247-4401
`orvisit www.ctfairhousing.org for more information.
`Judicial Branch Foreclosure Volunteer Attorney Program: Volunteer attorneys are available to give advice and
`answer questions about foreclosure at certain courthousesin the state. Homeowners facing foreclosure throughout
`Connecticut are welcometo attend. Call 860-263-2734 for additionalinformation,orvisit
`http://jud.ct.goviv
`im. him.
`Foreclosure Manual for Self-Represented Homeowners: The Connecticut Fair Housing Center publishes
`“Representing Yourself in Foreclosure: A Guide for Connecticut Homeowners,” a free manual describing the foreclosure and
`mediation processfor self-represented homeowners. Copies are available from CHFA/HUD-approved housing counselors,
`
`onwww.ctfairhousing.org,or by calling the Center at 1-888-247-4401.
`Statewide Legal Services (SLS): SLS provides free legal advice andreferrals for callers qualifying forits services
`(guidelines include incomelimits). Call 1-800-453-3320 or 860-344-0380orvisit www.sisct.org for more information.
`Court Service Centers: In certain Superior Court locations, Court Service Centers provide public access computers,
`printers, fax machines, copiers, phones, and work spaceforself-represented parties. Referto www.jud.ct.goy, and go to
`the Quick Links menu on the home page of the Judicial website for more information.
`Lawyer Referral Services: County Bar Associations in Connecticutoffer referral servicesthat introduce homeowners to
`lawyers who can answerquestions during aninitial half-hour consultation. You can send an email with your questions and
`availability. Services beyond the 1st half-hourfee will be at the attorney's usualfee.
`
`
`County
`Phone
`"Etuiaien
`Website
`Email
`
`
`Fairfield $35www.fairfieldlawyerreferral.com| fcha@conversent.net| 203-335-4116
`
`
`
`Hartford* $25wwwhartfordbar.org| hcba@hartfordbar.org860-525-6052 |
`
`
`
`
`
`New Haven $35www.newhavenbarorgNHCBAinfo@newhavenbar.org203-562-5750
`
`
`
`
`
`
`860-889-9384 $25 | wavw.nicha.orgNew London | See websitefor contactform
`*The Hartford County Bar also covers Litchfield, Middlesex, Tolland, and Windham Counties.
`
`How Foreclosure Rescue Scams Work. Peoplein foreclosure are often the target of “foreclosure rescue scams.”
`Be very careful of non-lawyers who ask you to pay a fee for counseling, loan modification, foreclosure prevention, or a
`“forensic audit" of your loan documents, regardiessoftheir promises or claims. Manyout-of-state attomeys target
`Connecticut residents: you should never pay attorneys that you do not meet. Contact the Department of Banking for more
`information at 1-877-472-8313 orvisit www.preventloanscams.org.
`MortgageCrisis Job Training Program.Thestate-funded MortgageCrisis Job Training Program is a project of The
`WorkPlace,inc., in partnership with the Connecticut Housing Finance Authority (CHFA), Capital Workforce Partners, and
`Connecticut's workforce system. The Program helps homeowners increase their job skills and earning potential. It offers
`customized employmentservices,job training scholarships, financial literacy, and credit counseling. Forinformation cail
`1-866-683-1682 or go to www.workplace.org/mortgage-crisis-job-training-program/.
`Financial Assistance Programs. Connecticut's 12 Community Action Agencies (CAAs)help people meet immediate
`needs through services such as Eviction and Foreclosure Prevention, energy/heating assistance, food pantries, and
`weatherization. CAAs also empowerpeopleto improve their financial future through employmentservices,financialliteracy
`training, and other programs.To locate your local CAA call the Connecticut Association for Community Action at
`860-832-9438orvisit: www.Cafca.org/our-network.
`For more information on programsfor homeowners facingfinancial distress, review the Department of Banking's materials on
`www.ctgov/dob orcall 1-877-472-8313. You can also call Info line at 2-1-1 for resources.
`
`JD-CV-126 Rev. 8-16
`
`Page 2 of 2
`
`

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