GSAA 2006 2006 v. Sheri A. Speer et al. (2013)

MEMORANDUM OF DECISION RE MOTION TO DISMISS

The defendant, Sheri A. Speer, in this motion, challenges the standing of the plaintiff, Deutsche Bank National Trust Company, As Trustee for GSAA Home Equity Trust 2006–8 Asset–Backed Certificates Series 2006–8 to commence this foreclosure action.   The defendant bases her arguments on the allegations in the complaint, the bankruptcy of the nominee, Fieldstone Mortgage Company, the language of the Pooling and Servicing Agreement, that the summons and complaint were not signed by an attorney licensed to practice law in the State of Connecticut and that there was an improper recognizance.   Some of these claims challenge the subject matter jurisdiction of this court and others relate to the personal jurisdiction of the court over this defendant.

The plaintiff opposes this motion and has submitted documents in support of its standings to commence and prosecute this action.

The court is satisfied that at the commencement of this action the plaintiff was the holder of the promissory note that is the foundation of this cause of action.   While the plaintiff had not been assigned the mortgage at the time of commencement of the suit, it now has been assigned the mortgage.   The defendant misstates Connecticut law when she argues that the plaintiff must hold the assignment of the mortgage prior to the commencement of this foreclosure action.   The possession of the promissory note is the critical determinate of the plaintiff's standing to have commenced this action.

The defendant has not provided any credible support for her contention that the standing of the plaintiff is undermined by the bankruptcy of Fieldstone Mortgage Company.

Finally, the concerns expressed by the defendant with regard to the individual signing the complaint and the recognizance taken at the commencement of the action are potential defects relating to the personal jurisdiction of this court.   Such complaints are waivable.   This case has been pending since May 2010 and the time for raising of the challenges to the personal jurisdiction of this court has long passed.

For all of these reasons, the motion to dismiss is denied.

Cosgrove, J.

Cosgrove, Emmet L., J.