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I have a house in CT in foreclosure. It just went through…

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I have a house...

I have a house in CT in foreclosure. It just went through the state mediation process where the plaintiff offered no relief. I now have a court hearing for default for failure to disclose defense and a motion for strict foreclosure. I fully expect to lose the house in strict forclosure (as is thenorm in CT when there is no equity). I am wondering how I can respond to this to either provide a defense or at least delay the process, and wondering at what point I can request a law day with the judge.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

In response to this motion, no. But I had filed the paperwork to start the mediation. Let that play out. Then I filed a motion for continuation, got that, and a motion to extend mediation (denied). So now we are here.

Lawyer's Assistant: Have you talked to a CT lawyer about this?

Yes, but many want a huge retainer. I can't do. Several have said just file bankruptcy. Not really wanting to.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, don't think so... just looking for perhaps good delay tactics and the correct response to the motion for failure to disclose defense, as I do not know what kind of "defenses" I can offer the court

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 40 minutes by:
3/31/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,895
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome to JA and thank you for your question. The defenses for foreclosure is either to find that the lender did not follow proper foreclosure procedures or that the foreclosure is wrongful. Bankruptcy does not carry that same stigma that it once did. Filing for bankruptcy stops the foreclosure upon filing.
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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
Sample defenses https://www.nolo.com/legal-encyclopedia/defenses-foreclosure-29937.html
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Customer reply replied 3 months ago
Not worried about the stigma. Right now just trying to keep the house as long as possible. It is $200k upside down, so it is best to probably let it go. Just wondering what else (besides bk) can I do to right now to delay the judgement day. It will be a strict foreclosure (not an auction) when it gets to that point. I'm told I can negotiate law days, but I do not know at what point or by what mechanism to do so. Also, I do not know how, or if, I should respond to the court, as the motion for failure to disclose defense and the motion for strict foreclosure are on the short calendar for Monday, but marked take papers by the plaintiff so as I understand it, no argument, and no need to go, court will just decide. I have to reclaim if I want to make an argument (I think). Ideas/direction are appreciated. Thanks!
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
You can see if the lender will work out a deed in lieu of foreclosure. Have you tried a loan modification or selling the real property?
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Customer reply replied 3 months ago
Deed in lieu is not an option, as there are (in addition to being grossly upside down) the better part of 100k in liens from mostly medical bills.. so no clear title. The lender servicer has offered a modification twice, basically shaving off about $100 in the monthly payment and extending the term 40 years, with no reduction in principal (which I know doesn't really anymore). So short of BK, and somehow notifying the court that I have filed for such, I guess I just let the judge enter the judgement for strict foreclosure on Monday. But will they decide a law day on Monday, or can I make a request for an extended law day to the court via some filing after the judgement for strict foreclosure is entered?
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
I am not sure what you mean by a “law day”. If you are wanting to buy time you can try filing a motion for a continuance. That is usually granted if you are asking for time to hire legal counsel.
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Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Foreclosure_Prejudgment.pdf
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Customer reply replied 3 months ago
In CT, they use strict foreclosure if there is no equity, otherwise it is a sale by auction. I'll be a strict foreclosure. When the judgement is entered, a series of law days are entered. The first one is mine. I can redeem the property until that day. The next day is a lien holder, the next day is the next lien holder, etc. until the last day, on which the bank gets the property. I want to push out my law day as far out as possible. I'm told the courts will usually oblige if you need to stay in the house until the end of the school year, etc. I'm not sure when, or by what mechanism, I make such a request. And I'm not sure if there are any other filings I can make to delay the strict foreclosure judgement in the first place.
Customer reply replied 3 months ago
https://www.nolo.com/legal-encyclopedia/what-is-strict-foreclosure.html
Real Estate Lawyer: Attyadvisor, Attorney replied 3 months ago
Let me opt out for an attorney that is more familiar with this process. Based on what you are telling me I would say chapter 13 but let’s see what another attorney suggests.
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