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Law Educator, Esq. (ONLY) I found this below this morning…

Law Educator, Esq. (ONLY) Good day I...
Law Educator, Esq. (ONLY)
Good day
I found this below this morning does this mean that one can not claim homestead exemption until after foreclosure trial,. I don't know how current this is though.
.
The court grants the motion to strike the defendants' special defense because it is an improper defense to a foreclosure and fails to challenge the legal sufficiency of the plaintiff's cause of action. "The `homestead exemption,' or any other exemption contained in § 52-352b, dogs not attack the making, validity, or enforcement of the lien, nor does it in CT Page 12781 any other way show that the plaintiff has no cause of action. . . . Thus, the "homestead exemption' is unnecessary and legally insufficient when pleaded as a special defense." Pennie Edmonds v. Hill, Superior Court, judicial district of Fairfield at Bridgeport, Docket No. 321668 (September 11, 199S, Tobin, J.)
(This is the regular woman)
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Answered in 3 days by:
10/16/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,313
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The foreclosure means the loan is placed in default, but the homestead exemption is used to prevent them from actually executing on the foreclosure and taking the property from you.

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Customer reply replied 8 months ago
I want to know if you are back. For few days you were not here. They wrote that they will find traffic lawyer to help me, I knew you were not the one that answered. I will post my question to real estate lawyers until you return.
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Thank you for your reply.

I am here and back again, I had to take a week off as I had a huge client issue to deal with all last week.

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Do not put much stock into the categories, for some reason our software moves things around a bit and the categories sometimes are not the same as you would think.

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Customer reply replied 8 months ago
You are really back? Welcome back. When I was doing my research, They listed motions that can. Be filed to end the Court proceedings without going to trial. Motion for summary judgment is the one that would have be right for me to file. But I read somewhere that if it is not successful the case goes straight to trial. will that mean that I will not be able to argue the issues on my motion to dismiss that I am not raising on the motion for summary judgment?

Thank you for your kind words. Yes, there are 3-4 times a year I need to disappear for a week at a time for client issues (usually I can get online briefly to handled follow ups, but this time it was so busy I did not get a chance).

If you file the Summary Judgment and lose, you are correct that you would go right to trial next and all of the motions or arguments to dismiss. At this point, I would think that there are too many facts are in dispute for summary judgment to work in your favor. I think you need to consider trying to do a motion to dismiss first and if you lose at that, you can consider trying to do the Summary Judgment but again the material facts in dispute may stop.

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Customer reply replied 8 months ago
It is very nice to have you back. I got really worried, I thought you left justanwer, because they wrote to me that they were looking for someone to answer my question. They never did that before when you were away.
Well, I was trying to see if I can change the objection to plaintiff foreclosure complaint that I wrote base on the homestead exemption claims to motion for summary judgment. Because I did not see that I can write a plain objection for a complaint to be terminated. They listed all different kinds of motion that could terminate court proceedings before trial and they did not list objection.

Thank you for your reply and your concern. Some experts would love for people to think I left so that they could try to take over all of my return customers.

At this point, leave the objection filed and let that stand. You should consider filing a motion to dismiss the foreclosure complaint claiming the foreclosure would be prevented by the homestead exemption and make foreclosure claims moot. If you lose the motion to dismiss, then you pursue the summary judgment if you want, which I do not think will be successful due to the facts are in dispute. So then, if you lose the motion to dismiss and summary judgment you go straight to trial. Step by step, without skipping steps.

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Customer reply replied 8 months ago
I have this below in my motion. Does this foreclosure complaint not fall under that?The entire equity in the real property right now is exempted and it is not subject to any form of process or court order for the purpose of debt collection.
(this is the regular)

Thank you for your reply.

I think you need to put that in your Objection in the way I stated it the other question you opened I just answered.

Let's close this question and go to the new one, so this way we are not answering and replying in two different questions.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
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