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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33555
Experience:  Began practicing law in 1992
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The Ct State law day on this property was 6/21/16. However

Customer Question

The Ct State law day on this property was 6/21/16. However the service in 2012 was to an incorrect address no other documents were sent to the current home address so the property was foreclosed. What can we do to keep our home.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there was a defect in foreclosure you would have to sue to have the court void the foreclosure. You would first want to have your lawyer issue an injunction to stop any further action until the court has to rule on the underlying matters. you would want a lawyer for this since it is extremely complicated.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

Customer: replied 1 year ago.
Thank you. But since the law day has already occurred who would the tro be sent to
Expert:  Dwayne B. replied 1 year ago.

It would likely be directed to everyone involved. In Connecticut, you have up until “Law Day” in a strict foreclosure, or until the court confirms the foreclosure sale in a decree of sale foreclosure, if you want to pay off the debt and keep the home. I don't know whether yours was a strict foreclosure or a decree of sale foreclosure but since they didn't follow the procedures I don't think it matters anyway.

They have to follow the procedures and what would likely happen in this case is the judge would rule that they have o re-send the notice and sent it correctly and start the process over.

Customer: replied 1 year ago.
Thank you. This was a strict foreclosure. So let me understand. The law day passed and defendants were served at an incorrect addressso we file an injunction????
Customer: replied 1 year ago.
within 30 days of the law day we file a tro
Expert:  Dwayne B. replied 1 year ago.

Yes, that is likely what the lawyer will want to do. He'll also file a declaratory judgment action to have the judge declare the foreclosure void. The injunction will prevent anyone from doing anything with the property if it was sold.

Customer: replied 1 year ago.
solely on the improper service. Is this enough to restart the process of foreclosure?
Expert:  Dwayne B. replied 1 year ago.

It can be. You don't know for sure until you present it to the judge but I can think of a dozen or more times I've seen a judge throw out a foreclosure based on lack of notice and I didn't handle a lot of those type of cases due to my fees.

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