WELLS FARGO BANK, N.A.
James R. FITZPATRICK et al.
December 12, 2018
from the Superior Court, Judicial District of Fairfield,
Alfred J. Jennings, Jr., Judge Trial Referee.
[Copyrighted Material Omitted]
L. LeClerc, Milford, for the appellants (defendants).
M. Bizar, with whom was J. Patrick Kennedy, for the appellee
Elgo and Bright, Js.
Conn.App. 233] The defendants, James R. Fitzpatrick
and Marsha A. Fitzpatrick, appeal from the judgment of
foreclosure by sale rendered by the trial court in favor of
the plaintiff, Wells Fargo Bank, N.A. On appeal, the
defendants claim that the court improperly (1) denied their
motion to dismiss and rendered judgment of foreclosure by
sale because the plaintiff did not comply with the terms of
the note and mortgage, namely, compliance with the notice
requirements, and (2) concluded that the defendants had not
proved their special defense of laches. We affirm the
judgment of the trial court.
following facts and procedural history are relevant to the
present appeal. On January 31, 2003, the defendants executed
and delivered a promissory note payable to World Savings
Bank, FSB, in the original principal amount of $ 315,000. The
loan was secured by a mortgage deed on the property. The
mortgage deed was executed and delivered on January 31, 2003.
Effective December 31, 2007, World Savings Bank, FSB, was
renamed Wachovia Mortgage, FSB (Wachovia).
defendants have been in default on the note and mortgage deed
since March 1, 2009. On May 13, 2009, Wachovia sent a letter
to the defendants at the property address by first class mail
and certified mail, notifying [190 Conn.App. 234] them that
the loan was in default and advising them of the amount
required to cure the default and its intent to accelerate if
the default was not cured (2009 letter). When the defendants
failed to cure the default, Wachovia elected to accelerate
the balance due on the note, declare the note due in full,
and foreclose the mortgage deed securing the note. Wachovia
commenced a foreclosure action against the defendants on July
27, 2009 (first foreclosure action). Berchem Moses, P.C.
(Berchem Moses), filed an appearance on behalf of the
defendants on August 4, 2009. Effective November 1, 2009,
Wachovia converted to a national bank with the name Wells
Fargo Bank Southwest, National Association, and merged with
and into the ...