WELLS FARGO BANK, N.A.
NICOLE M. FRATARCANGELI ET AL.
March 18, 2019.
from Superior Court in the judicial district of Fairfield,
Hon. Alfred J. Jennings, Jr., judge trial referee, Hon.
George N. Thim, judge trial referee.
L. Seymour, for the appellant (named defendant).
H. Lampert, with whom, on the brief, was Arthur C. Zinn, for
the appellee (substitute plaintiff).
Judges: DiPentima, C. J., and Moll and Norcott, Js. MOLL, J.
In this opinion the other judges concurred.
Conn.App. 160] The defendant, Nicole M.
Fratarcangeli, appeals from the judgment of
strict foreclosure rendered after a court trial in favor of
the substitute plaintiff, MTGLQ Investors, LP. On appeal, the
defendant claims that the court erred when it granted the
substitute plaintiff's motion to strike as to her first
and second special defenses of (1) illegal attestation of the
mortgage deed and (2) unclean hands as to the attestation of
the mortgage deed. We disagree and, accordingly, affirm the
judgment of the trial court.
Conn.App. 161] The following facts and procedural history are
relevant to our resolution of the defendant's claims. In
its complaint, the original plaintiff, Wells Fargo Bank,
N.A., alleged the following relevant facts. On March 21,
2005, the defendant executed a promissory note, in the
principal amount of $535,000, in favor of World Savings Bank,
FSB (World Savings Bank). The note was secured by a mortgage
executed by the defendant on real property located at 370
Wilson Road in Easton. On April 4, 2005, the mortgage deed
was recorded on the Easton land records. Thereafter, the
original plaintiff acquired Wachovia Mortgage, FSB, formerly
known as World Savings Bank. Beginning in July, 2009, and
each and every month thereafter, the defendant failed to make
payments on the note. On or before April 21, 2015, the
original plaintiff became the party entitled to collect the
debt evidenced by the note and to enforce the mortgage. In
connection with the defendant's default on the note, the
original plaintiff exercised its option to declare the entire
balance of the note due and payable. In July, 2016, the
original plaintiff commenced this foreclosure action against
December 2, 2016, the original plaintiff filed a motion for a
judgment of strict foreclosure. On March 2, 2017, the
original plaintiff filed a motion to substitute party
plaintiff, as well as an accompanying memorandum of law in
support thereof and an
appended copy of its assignment of the mortgage to the
substitute plaintiff. On March 20, 2017, the court granted
the motion to substitute.
17, 2017, the defendant filed an answer and eight special
defenses. In support of her first and
second special defenses, the defendant alleged the following
facts. World Savings Bank procured and paid for, [192
Conn.App. 162] as part of the closing costs, the services of
a notary public, Kathleen Salerno, who conducted the closing
at the defendant's home in Easton. While at the
defendant's home, Salerno had the defendant execute all
of the necessary closing documents, including the mortgage
deed, but Salerno did not notarize those documents while at
the defendant's home and did not request or provide a
second attesting witness to the mortgage deed as required by
General Statutes § ...