DOCKET NO: DBDCV176021528S
`
`SUPERIOR COURT
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`ORDER 435709
`
`BAYVIEW LOAN SERVICING, LLC
` V.
`ZANE, CYNTHIA J., A/K/A CYNTHIA
`ZANE Et Al
`
`JUDICIAL DISTRICT OF DANBURY
` AT DANBURY
`
`10/2/2018
`
`ORDER
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`ORDER REGARDING:
`04/03/2018 115.00 MOTION FOR SUMMARY JUDGMENT
`
`The foregoing, having been considered by the Court, is hereby:
`
`ORDER: GRANTED
`
`In this matter, the plaintiff has filed a motion for summary judgment, as to liability only, against Cynthia
`Zane ("Zane"). In support of its motion, the plaintiff has filed a memorandum of law, along with an
`affidavit.
`
`The plaintiff's complaint, dated December 15, 2016, alleges that Zane executed a note in the amount of
`$207,740.00 from Bank of America N.A. on June 27, 2008. The complaint alleges that Zane, in order to
`secure the note, executed and recorded an open-end mortgage deed with respect to her property. The
`complaint further alleges that the last payment received by plaintiff was for the November 1, 2013
`payment and that the outstanding principal balance due on the note is $204,768.03. In support of
`plaintiff's memorandum of law is the affidavit of Keli Smith ("Smith"), a document coordinator with
`Bayview Loan Servicing. Smith avers that she has personal knowledge of the records in connection with
`the Zane matter. According to Smith, Bayview Loan Servicing is the holder of the note that Zane
`executed in exchange for $207,740.00 on June 27, 2008. Smith further states that on that same date,
`Zane executed and recorded an open end mortgage deed to secure the note. Both a copy of the note and
`a copy of the mortgage were incorporated by reference in Smith's affidavit, and were attached and
`subsequently examined by the court. In addition, and also incorporated by reference in Smith's affidavit,
`all assignments that resulted in the standing that Bayview Loan Servicing now asserts, were attached and
`subsequently examined by the court. Smith also swears that there had been a default in the note and
`mortgage, with the last installment of principal and interest received was for the payment due November
`1, 2013. Finally, Smith states that Zane was provided with all mandatory notices and letters as required
`by state and federal law, and has attached and incorporated by reference those items, which the court has
`also examined.
`
`Although Zane has submitted an answer, there are no special defenses contained within that answer (any
`special defense previously filed were stricken as a matter of law).
`
`A close examination of the complaint, motion for summary judgment, supporting memorandum of law,
`affidavit and attachments thereto reveals that there are no genuine issues of material fact as to liability
`and the plaintiff is therefore entitled to judgment as a matter of law. The plaintiff's motion is,
`accordingly, granted.
`
`Copy of order mailed to all parties.
`
`DBDCV176021528S 10/2/2018
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`Page 1 of 2
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`435709
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`Judge: KEVIN S RUSSO
`
`DBDCV176021528S 10/2/2018
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`Page 2 of 2
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