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Bank of America. N.A. v. Sorrentino

Superior Court of Connecticut, Judicial District of Fairfield, Bridgeport

May 10, 2017

BANK OF AMERICA, NATIONAL ASSOCIATION
v.
SORRENTINO, KATHI, KATHRYN M. SORRENTINO AKA KATHI Et Al

          ORDER

          ALFRED J JENNINGS, JUDGE

         ORDER REGARDING:

         02/02/2017 152.00 MOTION FOR SUMMARY JUDGMENT

         Plaitiff's Attorney and Defendnat Kathi Sorrentino present The foregoing, having been heard by the Court, is hereby:

         ORDER: DENIED

         The, Plaintiff U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust moves for summary judgment as to liability in this foreclosure action as against the, Defendant Kathi Sorrentino, one of the two alleged co-mortgagors. (" hereinafter, " Objecting, Defendant ") (The other co-mortgagor, Defendant Savario A. Sorrentino, has been defaulted for failure to plead and has consented to entry of a judgment of strict foreclosure.)

         Summary judgment shall be granted if the pleadings and documentary proof submitted demonstrate that no genuine issue as to material facts exists and that the movant is entitled to judgment as a matter of law. Practice Book § 17-49. The moving party has the burden of showing the absence of any genuine issue of material facts which, under applicable principles of substantive law, entitle him to judgment as a matter of law. D.H.R. Construction Co. v. Donnelly, 180 Conn. 430, 434 (1980). The party opposing summary judgment must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact. Suarez v. Dickmont Plastics Corp., 299 Conn. 99 (1994). In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. Miller v. United Technologies Corp., 233 Conn. 732, 745 (1995).

         The complaint alleges that the promissory note to the original lender and, Plaintiff's predecessor was signed on or about June 24, 2005 by the, Defendant Savario A. Sorrentino, and that " On said date to secure said Note the, Defendant (s) Savario A. Sorrentino ... and Kathi Sorrentino ... did execute and deliver to [plaintiff's predecessor] a Mortgage on the Property, a copy of which is attached hereto as Exhibit B. Said Mortgage was dated June 24, 2005 and recorded on June 29, 2005 in Volume 3552 at Page 071 of the Fairfield Land Records." (Complaint, para. 4). In her operative Answer dated January 4, 2016 the objecting, Defendant states with respect to paragraph 4 of the complaint insofar as it alleges that she executed the mortgage that " Defendant denies and disputes the legality of execution and delivery." All special defenses have been stricken.

         In support of the Motion for Summary Judgment the, Plaintiff submits the May 4, 2016 affidavit of Alyssa Salyers, Foreclosure Document Specialist II of the, Plaintiff U.S. Bank Trust, Trustee which states in paragraph 4 that, Defendant Saverio A. Sorrentino signed the promissory note dated June 24, 2005 in favor of the original lender Countrywide Bank, a division of Treasury Bank, N.A. and that the original note was in the possession of the original, Plaintiff Bank of America, N.A. at the commencement of this action and is currently in, Plaintiff's possession. The court examined the original note on March 20, 2017, and a copy is attached to the Salyers afffidavit. The Adjustable Rate Note is payable to Countrywide Bank, a Division of Treasury Bank, N.A. and bears the signature of Saverio A. Sorrentino as sole maker of the Note. The Note is endorsed in blank by Treasury Bank, N.A. The Salyers affidavit further states in paragraph 6 that. " To secure the Note, Saverio A. Sorrentino, along with Kathi Sorrentino granted a security interest in the subject property [212 Curtis Terrace, Fairfield, Connecticut] and signed an Open-End Mortgage (the " Security Interest") dated June 24, 2005 and recorded June 29, 2005 ... in the Fairfield Land Records.... A copy of the Open-End Mortgage is attached to the affidavit. It bears the copy of a signatures of Savario A. Sorrentino and Kathi Sorrentino (signed " Kathi Sorren") as mortgagors and as signatories of an Adjustable Rate Rider. All pages of the Mortgage (other than the signature page) are initialed at the bottom by:" AS" and " KS" . The affidavit then recites the chain of title by assignments to the current, Plaintiff U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust. The affidavit further states that the Borrower has been in default of payment since the payment due for June 1, 2008, that the Borrower was provided with a Notice of Default sent to the property address. The commencement of this action constitutes an acceleration of the remaining balance of the Note.

         The Court finds that the, Plaintiff has met its initial burden of showing the absence of any genuine issue of material fact. The burden then shifts to the objecting, Defendant to show a factual predicate of a genuine issue of material fact.

         The objecting, Defendant has filed three oppositions to the, Plaintiff's Motion for Summary Judgment. She filed her, Defendant's Objection to Motion for Summary Judgment on February 23, 2017 with her Memorandum of Law in Opposition to Summary Judgment/in Support of Objection to Summary Judgment Ms. Sorrentino makes the unsworn statement in that Memorandum that " the signatures on the Open-End Mortgage Deed and the Adjustable Rate Rider do not match." She attaches her own affidavit dated February 23, 2017 which states that she has retained a forensic document examiner to examine the signatures on the Open-End Mortgage Deed and the Adjustable Rate Rider, and that she has requested production of documents that had not been provided. The February 23 filing does not establish a genuine issue of material fact.

         On March 13, 2017 objecting, Defendant filed " Defendant's First Amended Opposition to Summary Judgment/Opposition to Summary Judgment in which she states " Defendant respectfully submits that there are genuine issues as to material facts, fraud signatures, chain of mortgage assignments, erroneous fraudulent, highly probable securitization e.g. note separated from mortgage, alleged, Plaintiff cannot be holder of note in due course and the, Plaintiff is not entitled to judgment as a matter of law." In support of those unsworn statements she attaches another copy of her previously-filed Memorandum of Law and her own affidavit both dated February 23, 2017, and also a sworn affidavit of March 13, 2017 by Ana Kyle of Hamden, CT describing herself as " duly-\qualified Forensic Document Examiner (by experience, training, and education)" Ms. Kyle attaches a copy of her curriculum vitae claiming 44 years of experience in examination of forensic documents, expert testimony for 40 years in probate, state, and federal courts, a three-year course and certification from the International Grapho Analysis Institute in Chicago, a one-year course and diploma at the American Institute of Applied Sciences in New York, which included a course in handwriting/type identification. She claims to be licensed by the State of New York but fails to state the nature of that license., and a four-year course at the Paralegal Institute at Phoenix, AZ. She claims to have authored two books published on the Lindbergh kidnap case and the trial of Richard Hauptmann in which " the true author of the ransom notes is revealed" . She also lists articles published in 1983 and 1986. Ms. Kyle states in her affidavit that she has compared the copies of Ms. Sorrentino's signatures and initials on the Mortgage dated June 24, 2005 with multiple authentic exemplars of Ms. Sorrentino's signature (as " K. Sorren') and initials, and concludes that the signatures and initials on the Mortgage " were not authored by the person who submitted the multiple exemplars...

         On March 17, 2017 the objecting, Defendant submitted her third opposition to this motion for summary judgment entitled " Defendant's Supplemental Brief in Objection/Opposition to, Plaintiff's Motion for Summary Judgment, attached to which is another copy of the same March 13, 2017 affidavit of Ana Kyle, but this time accompanied by a copy of the Open-End Mortgage Deed she had examined, and multiple exemplars of Ms. Sorrentino's signature or initials consisting of the initials " KS" handwritten fourteen times on a blank sheet of paper and four copies of pleadings signed " K. Sorren" in the case of Saverio A. Sorrentino v. Kathryn M. Sorrentino, docket No. FA 06401.

         The Motion for Summary Judgment and the Objection to Motion for Summary Judgment were argued at the ...


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