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`APPLICATION AND
`EXECUTION FOR EJECTMENT
`MORTGAGE FORECLOSURE
`JD-CV—SO Rev 1-16
`0.5.8. §§ 49-22. 49-31;); 42 USC 1437f (0)
`.
`Instructions to Clark
`Instructions to Applicant
`1. Fan/lard original and copy of this form and
`1. Prepare an original and 3 copies; forward the original and 2
`any attachments to applicant or attorney.
`copies of this form and any attachments to clerk.
`2. Retain copy of signed execution.
`2. After return of signed form from clerk, forward the original
`and a copy of form and any attachments to a proper officer.
`Name of case
`
`STATE OF CONNECTICUT
`
`SUPER'OB COURT
`www.1ud,ct.gov
`
`Instructions to Proper Officer
`1. Complete items 3 and 5 at bottom.
`2. Make return within 60 days.
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`T0:
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`Name and mailing address of applicant or attorney
`[—
`Pease & Dorio, P.C.
`316 Main Street
`Farmington, CT 06032
`
`—]
`
`Docket number
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`HHB-CV-17-6036271~S
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`Date of judgment
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`Webster Bank, N.A. v. Griselie Mercado, et'al.
`
`
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`4/24/17 and 6l4l18
`Date title was transferred
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`08117I201 8
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`Date lis pendens recorded
`
`
`01l18/2017
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`.J
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`i_
`Address of Judicial District Court location (Number, street. town. and zip code)
`20 Franklin Square, NewlBrltaln, CT 06051
`Address of premises (Attach complete legal description ofianm
`72 Pershing Avenue. New Britain. CT 06053
`ame S 0 person 3 cm e
`0 possession
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`Webster Bank, N.A.
`ame S 0 person 8 In possess on
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`Griselle Mercado
`
` 5 person In possessmn a one i etenant as escr e
`
`If yes, when was notice to vacate provided to
`in section 49-31p(b) or the Connecticut General Statutes?‘
`N0
`El Yes
`this person(s)?
`(Dale). Does person(s) in possession have a lease?
`
`if yes. when does lease end?
`
`No E] Yes
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`(Dale). Does person(s) in possession occupy the. premises under a federal or state subsidized tenancy
`No , [:1 Yes
`if yes. .when does - ancy end?
`(Date).
`’See "Notice”on back/page 20fthfs form.
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`
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`Date signed
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`[to ”f upilc nt
`’
`m
`‘_ 2 ', Msfl/
`09104l2018
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`program (ex., Title Vlll)?
`
`Name of applicant
`Deborah L. Doria, Esq.
`.
`To: Any Proper Officer
`By the aulhorily of the State of Connecticut, you are commanded to cause
`the said person(s) entitled to possession to have the seizin and peaceabie
`possession of the premises described herein, and to put and eject the said
`person(s) in possession. out of possession thereof, and to put the personts)
`entitled to possession into the peaceabie and quiet possession thereof.
`provided that no person shall be ejected who is not a party to the action
`except a transferee or Iionor who Is bound by the judgment by virtue of
`a lie pendens.
`if said person(s) in possession have not removed all their
`possessions and personal effects, than you may remove them and deliver
`them to the place of storage designated by the'chlef executive officer of the
`town for such purposes. Prior to removal. you must give the chief executive '
`I.
`l
`-|
`, ke service and due return within 60 days from the date hereof.
`£41”. I
`._1
`
`
`Date signed
`y,
`Notice To Persons In Possession Of Premises Subject To Ejectment
`
`address of the removal as Well as a general description. if known, of the
`types and amount of property to be removed from the land and be delivered
`to the place of storage. Prior to giving notice to the chief executive officer
`you must use reasonable efforts to locate and notify the person(s) in
`possession of the date and time the removal Is to take place and the
`possibility of a sale of their possessions pursuant to General Statute 49-22
`and you must provide clear instructions as to how and where such person or
`person may reclaim any possessions and personnel effects removed and
`stored, including a telephone number that such person-or persons may call
`to arrange release of such possessions and personal effects.
`
`.-.
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`important:
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`2.
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`If you are in possession of the premises and you were not named as a party to this foreclosure action, you are not subject to this
`execution-unless you are 'a transferee or Iienor who Is bound by the judgment by virtue of a [is pendens.
`1. The percents) entitled to possession have been given the right to
`4.
`If your possessions and personnel effects are removed and stored and
`possession of these premises by a judgment of the. Superior Court. This
`you do not reclaim them and the expense of the storage is not paid to
`means that you must move out of the premises described on the
`the chief executive officer of the town within 15 days,
`then they may be
`sold by the town under section 49-22 of the Connecticut General
`attachment(s) to this form by the data given at right.
`Statutes.
`.
`if you do not move out by that date. this paper. which does not have to be
`handed to you personally, gives a proper officer the legal right to remove
`your possessions and personal effects and deliver them to the place of
`storage designated by the chief executive officer in the town.
`3. Your possessions and personal effects will be stored at:
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`5.
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`if you do not move your possessions and personal effects by; (To be
`completed by proper officer)
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`Tima (a'm‘lp-m‘)
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`I
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`l0“ may call:
`to reclaim any of those possessions and personal effects and to arrange to
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`-
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`i will return to remove your possessions and personal
`effects and store them.
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`have them given back to you.
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`Page 1 of2
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`Notice:
`
`Connecticut General Statutes Section 49-31p provides:
`
`(a)
`
`in the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property that
`has a return date on or after July 13. 2011, but not later than December 31, 2017, any immediate successor in interest
`in such property pursuant to the foreclosure shall assume such interest subject to
`-
`(1) the provision, by such successor in interest, of a notice to vacate to any bona fide tenant not less than 90 days
`before the effective date of such notice; and
`(2) the rights of any bona fide tenant, as of the date absolute title vests in such successor in interest
`(A) under any bona fide lease entered into before such date to occupy the premises until the end of the remaining
`term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit
`to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90-day
`notice under subdivision (1) of this subsection; or
`,
`(B) without a lease or with a lease terminable at will under state law, subject to the receipt by the tenant of the 90-
`day notice under subdivision (1) of this subsection
`except that nothing under this section shall affect the requirements for termination of any federally subsidized or state-
`subsidized tenancy or of any state or local law that provides longer time periods or other additional protections for
`tenants.
`.
`-
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`(b) For purposes of this section. a lease or tenancy shall be considered bona tide only if (1) the mortgagor or the child.
`spouse, or parent of the mortgagor under the contract is not the tenant, (2) the lease or tenancy was the result of an
`arms-length transaction, and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair
`market rent for the property or the unit's rent is reduced or subsidized due to a federal, state or local subsidy.
`
`(c) For purposes of this section, the term “federally-related mortgage loan" has the same meaning as in 12 USC 2602(1).
`the Real Estate Settlement Procedures Act of 1974. For purposes of this section, the date of a notice of foreclosure
`shall be deemed to be the date on which complete title to a property is transferred to a successor entity or person as a
`result of an order of a court or pursuant to provisions in a mortgage, deed of trust or security deed.
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`Return Of Service
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`Then and there, by virtue 0f the “"69an execution,
`0" (Dale)
`A! (Time)
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`v
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`‘
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`___.M.
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`and l further advised said chief executive officer, so far as
`known, of the general description, types and amount of
`property to be removed from said premises.
`
`[:1 ‘ notified the person(s) in possession.
`I
`And afterwards, the person's(s') possessions
`[:| i used reasonable efforts to locate the person(s) -t mm)
`but was unable to notify him/her.
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`M
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`-
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`.._-
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`Thereafter i notified the chief executive officer of
`the tOWn where the premises are situated.
`0" (”a”)
`M ("’"e’
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`.
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`.M.
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`E] had been removed.
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`' D were removed by me and stored and i put the
`person(s) in possession of said premises.
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`that the eviction of the person's(s‘) possessions and _
`personal effects would take place:
`On (Date)
`At (Time)
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`l g
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`Signed {Proper Officer)
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`Date signed
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`JD-CV—30 {back/page 2) Rev. 1-16
`
`the ADA, contact a court clerk or an ADA contact person listed at wwwjud. ct.gov/ADA.
`
`ADA Notice‘
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`,
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`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
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`Page 2 of 2
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`SCHEDULE A
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`A certain piece or parcel of land with all buildings and improvements thereon and
`appurtenances thereof, situated in the said Town of New Britain, and bounded and
`described as follows, to wit:
`
`Commencing at the intersection of the north line of Queen Street andrthe west
`line of Pershing Avenue; thence running westerly along said north line of Queen Street,
`100 feet; thence running northerly 67.5 feet; thence running easterly 100 feet to a point
`in the west line of Pershing Avenue; thence running southerly along said west line of
`Pershing Avenue 67.5 feet to the point of-beginning.
`'
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`Being a portion of Lots Nos. 201, 202, 203 and 204 as shown on a map of land
`known as “Garden Park", New Britain, Conn., property of Bodwell Realty Company,
`drawn by A. W. Bacon, Engineer, New Britain, Conn., and recorded in the New Britain
`Land Records, Vol. 3 of Maps, Page 16.
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`Bounded:
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`NORTHERLY:
`»
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`by other land of Angelo SquillaCota, the remaining
`portion'of said Lots- Nos. 201 , 202, 203 and 204;
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`EASTERLY:
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`by Pershing Avenue;
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`SOUTHERLY:
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`by Queen Street; and
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`WESTERLY:
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`by land now or formerly of Joseph Palys
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