Some Information on Foreclosures by Sale in Connecticut
If you are dealing with an imminent foreclosure or in the midst of one you should immediately consult with an attorney . Your rights to any equity of redemption may be effected in the event you fail to act on your behalf. What is your equity post-foreclosure sale or transfer - its any money you may be entitled to after the foreclosure goes to judgment then its ultimate disposition through the judicial department.
A foreclosure by sale would be conducted by a committee for sale, an attorney within the judicial district appointed by the Court to conduct the sale. It is that committee which is appointed to foster the highest sale price. The auction would be Ordered for a date certain which is customarily as Saturday at noon. Typically, there will be an inspection period for approximately two hours before the sale. The auction will have been advertised by either a sign erected upon the premises and/or an advertisement take out in the local newspaper for the next two preceding Sunday or other days as Ordered by the Court. For the most part both a sign and newspaper ad with be Ordered in my opinion. On the date of the Sale the committee may utilize the services of a police officer and/or locksmith to further the auction. Liability insurance will be obtained for the date of the sale.
The day of the auction:
If you are still in possession of the property expect that on the date of the auction the committee whose name you should know from the judicial notices and/or sign erected upon the property will arrive on or about ten a.m. or thereabouts. It is you choice to permit potential bidders to inspect that portion of the property which is occupied. Remember, it is in your interests to assist the committee in generating the highest bid.
People who desire to bid would register with the committee and be issued a number. To register you must provide you name, contact information and a bank or certified funds in an amount usually equal to ten percent of the property's drive by appraisal as valued on the date of judgment.
At noon the auction opens, customarily with a faxed bid from the foreclosing plaintiff. Then bidding would be conducted with the numbers issued to the approved bidders previously registered with the committee. The highest bidder would be required to execute a bond for deed essentially a contract to purchase. Beware, the successful bidder will be required to purchase the property within thirty days or as further Ordered by the Court from the date the Court approves the Sale. Please be mindful especially under the new guidelines that banks are imposing for mortgages these days the potential inability for the bank or lending institution to conduct a full appraisal may put your deposit at risk. Failure to close within those thirty days may upon Order of the Court forfeit your deposit - substantial for the most part.
I have been acting as a committee for some time now and have yet to see a piece of property go for a dollar.
Saturday, March 8, 2008
Who is going to pay for College?
No Loans for College - Where Will the Money Come from
The economic slow down in this Country has spread to the college loan market. What has been their for families and students going to college are now not going to be available. The rules are tightening - are they going to qualify today let alone semesters from now?
The student loan programs have been suspended in five state as of this date because the moneys not there for them to fund the student loans. Are the schools getting cheaper - I think not - tuition is out of control and now the lenders are pulling out of the Federal Student Loan program because they cannot raise the funds to create the loans. Less selections or products are going to be there to pay those astronomical price tags! Who can pay the interest rate alternatives out there to keep them in school? Should the Federal Government step in to help those family/Students in need of college financing? This country will be at a significant disadvantage in the future if students are turned away because they cannot pay the entrance fee.
The economic slow down in this Country has spread to the college loan market. What has been their for families and students going to college are now not going to be available. The rules are tightening - are they going to qualify today let alone semesters from now?
The student loan programs have been suspended in five state as of this date because the moneys not there for them to fund the student loans. Are the schools getting cheaper - I think not - tuition is out of control and now the lenders are pulling out of the Federal Student Loan program because they cannot raise the funds to create the loans. Less selections or products are going to be there to pay those astronomical price tags! Who can pay the interest rate alternatives out there to keep them in school? Should the Federal Government step in to help those family/Students in need of college financing? This country will be at a significant disadvantage in the future if students are turned away because they cannot pay the entrance fee.
Will Florida and Michigan Delegates be Seated at DNC
Who is really going to decide
Florida and Michigan decided on their own that they want to set the tone for the national primaries. Per the democratic nation committee rules only four states can hold primaries and/or caucuses before February 5, 2008, in spite of these rules Florida and Michigan voted to hold their primaries on January 29, 2008 thus violating the party's rules. The consequence of this action is that their delegates would not be seated at the the DNC in Denver, Colorado this summer or have their votes counted toward the Democratic nominee.
Record number voters turned out - Hillary wins. Obama decided to take his name out of the running and now that the race is so close. Neither Obama or Hillary don't have the number of delegates to win. Now its time they come back and want to the change the rules.
What about fair play and following the rules?
Should they be permitted to be seated/counted? Should they cause taxpayers money to be diverted from other noble causes to have a re-do. All along it was both Florida and Michigan's choice to put themselves and their party in this positions which may create a divide amongst the party. Be careful what you vote for because it can come back and haunt you.
Florida and Michigan decided on their own that they want to set the tone for the national primaries. Per the democratic nation committee rules only four states can hold primaries and/or caucuses before February 5, 2008, in spite of these rules Florida and Michigan voted to hold their primaries on January 29, 2008 thus violating the party's rules. The consequence of this action is that their delegates would not be seated at the the DNC in Denver, Colorado this summer or have their votes counted toward the Democratic nominee.
Record number voters turned out - Hillary wins. Obama decided to take his name out of the running and now that the race is so close. Neither Obama or Hillary don't have the number of delegates to win. Now its time they come back and want to the change the rules.
What about fair play and following the rules?
Should they be permitted to be seated/counted? Should they cause taxpayers money to be diverted from other noble causes to have a re-do. All along it was both Florida and Michigan's choice to put themselves and their party in this positions which may create a divide amongst the party. Be careful what you vote for because it can come back and haunt you.
Wednesday, March 5, 2008
The Best Interests of the Minor Child
Guardian Ad Litem versus Attorney for the Child
The role of a Guardian Ad Litem (GAL) is to advocate to the Court for what is in the Best Interests of the Child. The guardian ad litem may form his/her own opinion based upon the independent investigation made during the pendency of the litigation which may include information obtained by others including but not limited to doctors, state agencies, therapist, and teachers. No attorney client privilege exists so the Guardian Ad Litem may testify and be cross examined about the opinion being offered.
The Attorney for the Minor Child (AMC) is to be a zealous advocate for the child and to act as an advisor. The rules of professional conduct state in pertinent parts “a lawyer shall abide by a client’s decision concerning the objectives of representation” Rule 1.2; “render candid advice” Rule 2.1 and “as far as reasonably possible, maintain a normal client-lawyer relationship with the client.” Rule 1.14. The attorney client privilege does apply in this type of appointment.
Some of the factors considers in the “Best Interest” standards are the parenting skills; each parents relationship, both psychological and emotional, ties to the child; compliance with Orders of the Court specifically promoting access; past behavior as it related to parenting skills; recommendations of Family Relations; credibility and either parents coercive behavior involving the child in the litigation.
The child’s preference is important but is never conclusive upon the Court. The consideration that must be determined is if the child is of sufficient age and capable of forming an intelligent preference.
I like to describe the difference between the Guardian Ad Litem and the Attorney for the Minor child as follows: if your child wanted to eat ice cream for breakfast, lunch and dinner – every day – the Guardian would advocate that the best interests are not served by this type of diet while the Attorney for the Child would advocate for chocolate, strawberry or vanilla.
The role of a Guardian Ad Litem (GAL) is to advocate to the Court for what is in the Best Interests of the Child. The guardian ad litem may form his/her own opinion based upon the independent investigation made during the pendency of the litigation which may include information obtained by others including but not limited to doctors, state agencies, therapist, and teachers. No attorney client privilege exists so the Guardian Ad Litem may testify and be cross examined about the opinion being offered.
The Attorney for the Minor Child (AMC) is to be a zealous advocate for the child and to act as an advisor. The rules of professional conduct state in pertinent parts “a lawyer shall abide by a client’s decision concerning the objectives of representation” Rule 1.2; “render candid advice” Rule 2.1 and “as far as reasonably possible, maintain a normal client-lawyer relationship with the client.” Rule 1.14. The attorney client privilege does apply in this type of appointment.
Some of the factors considers in the “Best Interest” standards are the parenting skills; each parents relationship, both psychological and emotional, ties to the child; compliance with Orders of the Court specifically promoting access; past behavior as it related to parenting skills; recommendations of Family Relations; credibility and either parents coercive behavior involving the child in the litigation.
The child’s preference is important but is never conclusive upon the Court. The consideration that must be determined is if the child is of sufficient age and capable of forming an intelligent preference.
I like to describe the difference between the Guardian Ad Litem and the Attorney for the Minor child as follows: if your child wanted to eat ice cream for breakfast, lunch and dinner – every day – the Guardian would advocate that the best interests are not served by this type of diet while the Attorney for the Child would advocate for chocolate, strawberry or vanilla.
Monday, March 3, 2008
The Rights of Parents to Limit Visitation of their Children with Third Parties
Third Party Rights of Access in Connecticut
What has historically been in “the best interest of the child” is no longer the standard: the bar has been raised.
In Troxel.v Granville, 530 U.S. 57 (2000), the Court recognized that the Washington Statute at issue permitted any third person to subject any parental decision regarding visitation to state review. A parent’s decision regarding their child is “…afforded no presumptive validity or given any weight…The statute places the best interests of the parents’ child solely in the hands of the judge and the judge’s view necessarily prevails. Therefore, the statute provides the state court judge with the authority to disregard the decisions of a fit parent regarding visitation rights of their child when, upon petition by a third party, the Court determines the child’s best interests contrary to the wishes of the fit parent.” Troxel at 565, 566.
The Court criticized the Superior Court decision for contravening the traditional presumption that a fit parent will act in the best interests of his or her child. “In that respect, the court’s presumption failed to provide any protection for Granville’s fundamental constitutional right to make decisions concerning the rearing of her own two daughters.” Troxel at 568.
Despite the suggestion that in an ideal world, parents might always seek to cultivate the bonds between grandparents and their grandchildren, the Court concluded that “[n]eedless to say, however, our world is far from perfect, and in it the decision whether an inter-generational relationship would be beneficial in any specific case is for the parent to make in the first instance. And, if a fit parent’s decision of the kind at issue here becomes subject to judicial review, the court must accord at least some special weight to the parents own determination.” Troxel at 569.
And thus it was held that the standard application to the determination of child/visitation cases regarding third person would no longer be determined by the best interests of the child but rather would be decided on the basis of an otherwise fit parent’s decision as to who, when and how others peoples’ lives may become integrated with their children’s lives, despite “the best interest of the child.”
What has historically been in “the best interest of the child” is no longer the standard: the bar has been raised.
In Troxel.v Granville, 530 U.S. 57 (2000), the Court recognized that the Washington Statute at issue permitted any third person to subject any parental decision regarding visitation to state review. A parent’s decision regarding their child is “…afforded no presumptive validity or given any weight…The statute places the best interests of the parents’ child solely in the hands of the judge and the judge’s view necessarily prevails. Therefore, the statute provides the state court judge with the authority to disregard the decisions of a fit parent regarding visitation rights of their child when, upon petition by a third party, the Court determines the child’s best interests contrary to the wishes of the fit parent.” Troxel at 565, 566.
The Court criticized the Superior Court decision for contravening the traditional presumption that a fit parent will act in the best interests of his or her child. “In that respect, the court’s presumption failed to provide any protection for Granville’s fundamental constitutional right to make decisions concerning the rearing of her own two daughters.” Troxel at 568.
Despite the suggestion that in an ideal world, parents might always seek to cultivate the bonds between grandparents and their grandchildren, the Court concluded that “[n]eedless to say, however, our world is far from perfect, and in it the decision whether an inter-generational relationship would be beneficial in any specific case is for the parent to make in the first instance. And, if a fit parent’s decision of the kind at issue here becomes subject to judicial review, the court must accord at least some special weight to the parents own determination.” Troxel at 569.
And thus it was held that the standard application to the determination of child/visitation cases regarding third person would no longer be determined by the best interests of the child but rather would be decided on the basis of an otherwise fit parent’s decision as to who, when and how others peoples’ lives may become integrated with their children’s lives, despite “the best interest of the child.”
Saturday, March 1, 2008
Legal Issues Affecting Your Pets in the State of Connecticut
What happens when….
We become incapacitated and can’t care for ourselves let alone our dogs;
Without plans, your affairs are in flux;
Decisions are left to others
What happens when
We die without a will
The laws of intestacy control
May not be what you want
Costs wont be as manageable
Dogs will not be considered differently from the kitchen table
“A dog, for all of its admirable and unique qualities is not a human being and is not treated in the law as such”Texas Court of Civil Appeals
A dog cant own property
A dog cant be a beneficiary in a will
A dog is considered as personal property and gets distributed under the terms of your will or the laws of intestacy
Poor roxy the dog
Thelma left “everything I own to my friend Chester and Roxy my dog.”
Thelma’s niece contested the will and won even though she left a note urging Chester not to let her niece get her hands on her property no matter what it took to stop them.
Court can’t enforce a provision contrary to law
What others have done…
USA Today reports that 27% of Americans have made provisions for their dogs
British singer Dusty Springfield’s will made strict provisions for her cat, Nicholas to be fed imported baby food and her songs to be played at his bedtime
What others have done…
Tobacco heiress Doris Duke left a trust in the amount of $100,000 for her dog
It is reported that Oprah Winfrey’s will mandates that her Cocker Spaniels will live out their lives in luxury.
What can you Do?
Connecticut does not yet recognize “honorary trusts” or bequests to your dog
Leave your dog to someone YOU choose in your will
Leave an amount of money to a specific individual with a specific amount of money for the care of your dog
The Bad news is…
Even though your will is clear, there’s no guarantee your wishes will be carried out
Probate Court wont check to see if your gift of money is being used for the dog
Suggestions
Carry a card in your wallet stating that you have a dog that needs to be cared for
Identify the name, address and phone number of the person who has agreed to take over
Suggestions
Leave the dog and money to the new owner
“If my dog Laila,is alive at my death, I leave her and $5000 to be used for her care to Sam Spade. If Sam is unable to care for Laila, I leave her and the $5000 to Sue Jones.”
Suggestions
Leave the dog to one person, money to another
“I leave my dog Laila, if she is alive at the time of my death to Brian Smith.”
“If my dog Laila is alive at my death, I leave $5000 for her care to Karen Jones. I desire that she give Brian Smith, as long as he has custody of Laila, $100 per month for Laila’s care. I also desire that, in addition, she use the money to pay Laila’s veterinary bills or otherwise reimburse Brian for vet bills he pays”
“Many have forgottenthis truth, but you mustnot forget it.You become responsible foreverfor what you have tamed.”The Little Prince
Prepared by Michael A Fasano
We become incapacitated and can’t care for ourselves let alone our dogs;
Without plans, your affairs are in flux;
Decisions are left to others
What happens when
We die without a will
The laws of intestacy control
May not be what you want
Costs wont be as manageable
Dogs will not be considered differently from the kitchen table
“A dog, for all of its admirable and unique qualities is not a human being and is not treated in the law as such”Texas Court of Civil Appeals
A dog cant own property
A dog cant be a beneficiary in a will
A dog is considered as personal property and gets distributed under the terms of your will or the laws of intestacy
Poor roxy the dog
Thelma left “everything I own to my friend Chester and Roxy my dog.”
Thelma’s niece contested the will and won even though she left a note urging Chester not to let her niece get her hands on her property no matter what it took to stop them.
Court can’t enforce a provision contrary to law
What others have done…
USA Today reports that 27% of Americans have made provisions for their dogs
British singer Dusty Springfield’s will made strict provisions for her cat, Nicholas to be fed imported baby food and her songs to be played at his bedtime
What others have done…
Tobacco heiress Doris Duke left a trust in the amount of $100,000 for her dog
It is reported that Oprah Winfrey’s will mandates that her Cocker Spaniels will live out their lives in luxury.
What can you Do?
Connecticut does not yet recognize “honorary trusts” or bequests to your dog
Leave your dog to someone YOU choose in your will
Leave an amount of money to a specific individual with a specific amount of money for the care of your dog
The Bad news is…
Even though your will is clear, there’s no guarantee your wishes will be carried out
Probate Court wont check to see if your gift of money is being used for the dog
Suggestions
Carry a card in your wallet stating that you have a dog that needs to be cared for
Identify the name, address and phone number of the person who has agreed to take over
Suggestions
Leave the dog and money to the new owner
“If my dog Laila,is alive at my death, I leave her and $5000 to be used for her care to Sam Spade. If Sam is unable to care for Laila, I leave her and the $5000 to Sue Jones.”
Suggestions
Leave the dog to one person, money to another
“I leave my dog Laila, if she is alive at the time of my death to Brian Smith.”
“If my dog Laila is alive at my death, I leave $5000 for her care to Karen Jones. I desire that she give Brian Smith, as long as he has custody of Laila, $100 per month for Laila’s care. I also desire that, in addition, she use the money to pay Laila’s veterinary bills or otherwise reimburse Brian for vet bills he pays”
“Many have forgottenthis truth, but you mustnot forget it.You become responsible foreverfor what you have tamed.”The Little Prince
Prepared by Michael A Fasano
Ask A Connecticut Lawyer A Question
A Connecticut Lawyer willing to answer your questions about the law and its impact on you. Whether real estate, personal injury, family law or just a general question please visit our website at www.duffyandfasano.com and fill in the form and we will contact you to discuss any issues you may be faced with.
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