throbber
DOCKET NO. NNH-CV-17-6073759-S
`
`DEUTSCHE BANK NATIONAL TRUST
`
`COMPANY AS TRUSTEE FOR INDYMAC
`INDX MORTGAGELOAN TRUST2006-AR41,
`MORTGAGEPASS-THROUGH
`
`CERTIFICATES SERIES 2006-AR41
`
`:
`
`:
`
`SUPERIOR COURT
`
`JUDICIAL DISTRICT OF NEW
`
`HAVEN
`
`: AT NEW HAVEN
`
`CHEN, QINGL., ET. AL.
`
`:
`
`FEBRUARY15, 2018
`
`MORTGAGEE'S AFFIDAVIT OF COMPLIANCE WITH THE
`EMERGENCY MORTGAGEASSISTANCE PROGRAM
`
`The undersigned, being duly sworn, hereby deposesand says:
`
`That he/she is over eighteen years of age and believesin the obligations of oath;
`
`That he/she is employed by LEOPOLD & ASSOCIATES, PLLC,counsel for the Plaintiff
`in the above captioned matter;
`
`That this affidavit relates to the Plaintiff's compliance with the terms of the Emergency
`Mortgage Assistance Program, C.GS. sections 8-265aa et seq., as amended by P.A. 08-176 (the
`“Act”);
`
`That this Plaintiff is a “mortgagee”as defined in Section 8-265cc ofthe Act;
`
`That the Plaintiff has fully complied with the requirements of subsection (a) of C.GS.
`section 8-265ee of the Act by mailing to Qing Li Chen on August 18, 2017 at 257 CrownStreet,
`Meriden, CT 06450, by registered or certified mail a notice (the “Notice’”) containing all of the
`information required by that subsection. A copy of the Notice is affixed hereto, marked Exhibit
`
`

`

`That more than sixty days have passed since the date the Notice was mailed, and the
`mortgagor hasfailed to request a face-to-face meeting or telephone conference with the Plaintiff
`to the best of the affiant's information, a face-to-face meeting with a consumer credit
`counseling agency, to attempt to resolve the delinquency or default by restructuring the loan
`paymentschedule.
`
`Dated this 15th day of February, 2018.
`
`
`
`Sworn to before me on issioner of the Superior Court
`
`

`

`EXHIBIT A
`
`

`

`LEOPOLD & ASSOCTATES, PLLC
`
`Jo-Ann T. Lambert, Esq.
`—_
`
`OU Long Ridge Roa, Suste tod
`Stamlord. CT 64902
`Phone: 914-219-5737
`Fax: 914-219-5522
`jlambertictleopeldassaciares,con
`
`
`EMERGENCY MORTGAGE ASSISTANCE (EMAP) NOTICE TO MORTGAGOR
`eeeeRoeeekEME)NOLECRLQMORTGAGOR
`
`August 18, 2017
`
`VIA CERTIFIED MAIL (RETURN RECEIPT REQUESTED) AND REGULAR MAIL
`CERTIFIED NUMBER 7016-0750-0000-7125-1347
`
`Qing Li Chen
`257 Crown Street
`Meriden, CT 06450
`
`Loan Number:
`Property Address:
`
`Dear Borrower(s):
`
`257 Crown Street, Meriden, CT 06450
`
`You may be eligible for emergency mortgage assistance payments under
`the provisions of
`sections 8-265cc through 8-265kk,
`as
`amended by
`Public Act 08-176.
`
`The purpose of this letter is to notify you that:
`
`1. Your mortgage, presently held by DEUTSCHE BANK NATIONAL TRUST
`COMPANY as Trustee for
`INDYMAC INDX MORTGAGE
`LOAN TRUST 2006-
`AR41,
`MORTGAGE
`PASS-THROUGH
`CERTIFICATES
`Series
`2006-AR41,
`serviced by Ocwen Loan Servicing,
`LLC, may
`be
`an eligible
`mortgage under
`the Emergency Mortgage Assistance Program (“EMAP”
`or “Program”).
`is currently
`2. The Connecticut Housing Finance Authority (“CHFA”)
`accepting applications
`for
`emergency assistance payments under
`the Program.
`3. You are delinquent or in default under Loan Number
`4. You have 60 days from the date of this letter in which:
`A.To have
`a
`face-to-face meeting or
`telephone conference
`with your lender or a face-to-face meeting with one of the
`CHFA’s designated consumer credit counseling agencies (see
`attached list of agency locations)
`to attempt
`to reach an
`agreement to resolve the delinquency or default, and
`for
`B. To
`contact
`the
`CHFA
`for
`information
`and
`apply
`emergency mortgage assistance payments if you are unable
`
`

`

`to resolve the delinquency or default under Loan Number
`a
`and if you are qualified to apply for
`the
`
`Program.
`
`The contact(s) at Ocwen Loan Servicing, LLC is/are:
`
`Toll-free number: 800-746-2936
`
`Your first step in contacting the CHFA is to telephone the CHFA
`Customer Service Call Center,
`located at 999 West Street, Rocky
`Hill, Connecticut 06067, at 860-721-9501 or toll-free at 877-571-
`CHFA (2432).
`
`to
`foreclosure prior
`commence
`lender may not
`5. Under EMAP, your
`judgment of strict
`Also,
`no
`mailing this notice
`to you.
`foreclosure or any judgment ordering a foreclosure sale shall be
`entered in any
`action for
`the
`foreclosure of
`any eligible
`mortgage against your property during the period beginning the
`day you become eligible for emergency mortgage assistance and
`ending when (i) you and your lender reach an agreement to resolve
`the
`delinquency
`or
`default,
`or
`(ii)
`the
`CHFA
`reaches
`a
`determination regarding your application for emergency mortgage
`assistance, or sixty calendar days after the CHFA receives your
`application, whichever is sooner.
`6. If you do not meet or have a telephone conference with your lender
`or designated consumer credit counseling agency as set out
`in
`Section 4 above, or if you do not comply with the terms of any
`agreement
`to resolve the delinquency or default, or if you do not
`contact
`the CHFA and apply for
`emergency mortgage assistance
`within sixty (60)
`days of
`any default
`in payment under
`an
`agreement
`to resolve the delinquency or default
`(i) you will not
`be eligible to apply for,
`or
`to receive,
`emergency mortgage
`assistance payments,
`and (ii)
`foreclosure of your mortgage may
`continue without further restriction or requirement.
`7.No person receiving emergency mortgage assistance Payments under
`the Act may
`file a defense,
`counter-claim or set-off
`to any
`action of foreclosure of
`the mortgage for which such assistance
`is provided.
`8. An application for, or the award of, emergency mortgage assistance
`affects your recourse to certain other benefits under Section 49-
`31f of the Connecticut General Statutes relative to the rights of
`underemployed and unemployed homeowners, but does not preclude
`you from seeking relief under
`the foreclosure mediation program
`presently in effect in Connecticut’s courts.
`
`You may wish to consult an attorney about the EMAP program.
`
`

`

`THIS IS AN EFFORT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY
`BE USED FOR THAT PURPOSE.
`
`Very truly yours,
`
`LEOPOLD & ASSOCIATES, PLLC
`BANK NATIONAL
`Attorneys
`for DEUTSCHE
`COMPANY as Trustee for
`INDYMAC
`INDX MORTGAGE
`LOAN
`TRUST
`2006-AR41,
`MORTGAGE
`PASS-THROUGH
`CERTIFICATES
`Series 2006-AR41
`
`-
`
`Lambert
`
`Enclosure
`
`

`

`CONSUMER NOTICE PURSUANT TO 15 U.S.C. SECTION 1692 (G)
`
`Unless you notify this office within thirty (30) days after receiving
`this notice that you dispute the validity of this debt, or any portion
`thereof, this office will assume this debt to be valid.
`If you notify
`this office in writing within thirty (30) days
`from the receipt of
`this notice that you dispute the debt, or any portion thereof,
`this
`office will obtain verification of
`the debt or obtain a copy of a
`judgment and a copy of such judgment or verification will be mailed to
`you by this office.
`If you request,
`in writing, within thirty (30)
`days after receipt of this notice,
`this office will provide to you the
`name and address of the original creditor for the specified debt, if
`different from the current creditor.
`If you send a notice seeking any
`of the above information within thirty (30) days from the receipt of
`this notice, we will stop our collection efforts until we mail
`the
`requested information.
`
`DEUTSCHE BANK NATIONAL TRUST COMPANY asTrustee for
`Nameofthe creditor:
`INDYMAC INDX MORTGAGE LOAN TRUST2006-AR41, MORTGAGE PASS-THROUGH CERTIFICATESSeries
`2006-AR41
`Amount of the debt:
`
`$281,307.99
`
`THIS LETTER IS AN ATTEMPT TO COLLECTA DEBT.
`
`

`

`EMERGENCY MORTGAGE ASSISTANCE PROGRAM
`HUD-Approved Counseling Agencies
`
`Listed below are the HUD-approved counseling agencies selected by the
`Connecticut Housing Financing Authority for
`the Emergency Mortgage
`Assistance Program (EMAP).
`
`Affordable Housing Centers of America
`2310 Main Street, 3rd Floor
`Bridgeport, CT 06606
`203-366-4180 ext. 8766
`
`Catholic Charities, Diocese of Norwich
`331 Main Street
`Norwich, CT 06360
`860-889-8346 ext. 271
`
`Co-opportunity Inc.
`20-28 Sargeant Street
`Hartford, CT 06105
`860-236-3617 ext. 100
`
`Community Renewal Team (CRT)
`555 Windsor Street
`Hartford, CT 06120
`860-560-5881
`
`Housing Development Fund
`940 Broad Street
`Bridgeport, CT 06604
`
`8 West Street
`Suite 202-204
`Danbury, CT 06810
`203-969-1830 ext. 31
`
`THIS LETTER IS AN ATTEMPT TO COLLECTA DEBT.
`
`

`

`Housing Education Resource Center
`Housing Education Resource Center
`901 Wethersfield Avenue
`Hartford, CT 06114
`860-296-4242 ext. 107
`
`Neighborhood Housing Services of New Britain
`223 Broad Street
`New Britain, CT 06053
`860-224-2433 ext. 112
`
`Neighborhood Housing Services of New Haven
`333 Sherman Avenue
`New Haven, CT 06511
`203-777-6925 ext. 26
`
`Neighborhood Housing Services of Waterbury
`161 North Main Street
`Waterbury, CT 06702
`203-753-1896 ext.
`9
`
`Urban League of Greater Hartford
`140 Woodland Street
`Hartford, CT 06105
`860-527-0147 ext. 168
`
`Urban League of Southern Connecticut
`46 Atlantic Street
`Stamford, CT 06901
`203-327-5810 ext. 108
`
`THIS LETTER IS AN ATTEMPT TO COLLECTA DEBT.
`
`

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