Free Response - District Court of Connecticut - Connecticut

_ ase 3:03-cv-01043-SRU Document 20 Filed O1/20/2004 Paget of 4
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I UNITED STATES DISTRICT couitfi-, III ,-I ”I
I DISTRICT OF CONNECTICUT I ` ` `
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I K.L.C., INC., KEYSTONE LEASING :
1 Plaintiff :
: CIVIL NO. 3:03CV'I043 (SRU)
\ VS. I
I :
l CYNTHIA TRAYNER :
1 Defendant :
` : JANUARY 15, 2004
I DEFENDANT'S PROPOSED ORDERS
At the hearing held on that above matter on December 17, 2003, the Court
indicated that if the parties were unable to arrive at orders of foreclosure in the
matter, that each party should submit a proposed order. The parties have been
unable to reach agreement on proposed orders in this case, and the Defendant
proposes the following:
1. That any Judgment of Strict Foreclosure have a Law Date no earlier
than September 1, 2004 for the Defendant and subsequent days for
encumbranoers in the inverse order of their priority.
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_ _ Case 3:03-cv-O10€£$SRU Document 20 Filed O1/5052004 Page 2 of 4 W
2. That any such Judgment of Strict Foreclosure be subject to the
Defendant’s Homestead Exemption under §52-352b(t) of the Connecticut General
Statutes such that any Certificate of Foreclosure filed by the Plaintiff reflect that I
the P|aintiff's title is subject to payment of $75,000 prior to payment of any
monies to the Plaintiff on the sale of the subject premises.
Notwithstanding the Defendant submitting these proposed orders, the I
Defendant reaffirms its objection to judgment entering in this case where there is
clearly no equity for the Plaintiff to realize from its foreclosure of this property. As
the Court is aware, the property being foreclosed is a condominium unit owned by
the Defendant and occupied by her as her residence. The Plaintiff conceded that
there is no equity at the hearing on this matter, and also conceded that this matter
was brought because the Plaintiff believed that the Defendant's husband had assets
which could be used to satisfy this debt and that bringing an action to foreclose
this mortgage would exert pressure on the Defendant and/or her husband to pay
this obligation. The Plaintiff conceded that the Defendant has been making the \
court ordered periodic payments, although the amount of those payments may be C
insufficient to pay the interest accruing on the judgment.
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. Case 3:03-cv-O10®SRU Document 20 Filed O1/@552004 Page 3 of 4

Finally, as the Defendant argued at the hearing, permitting the Plaintiff to N
foreclose its judgment lien flies in the face of the intention of homestead statute to
preserve an individual's residence. What the Court is doing by permitting this _
Plaintiff to foreclose and take title to property with no equity in it is permitting a
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creditor to dispossess a debtor from her residence in a situation in which there is no
apparent benefit to the creditor. There has been no evidence presented to this ·
Court which refutes the Defendant‘s claim of a lack of equity for this Plaintiff. l
This Court has the discretion as a court of equity to stay this matter under all
of the equities as presented by the Defendant, and also as a matter of law on the
basis of a foreclosure being prejudicing the Defendants homestead exemption Z
under §52—352b(t).
THE DEFENDANT i
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l\/Igk E. Block for O’Brien, Shafner,
Stuart, Kelly & Morris, P.C.
ct 06557
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‘ ‘ ase 3:03-cv-010435SRU Document 20 Filed O1/@062004 Page 4 of 4
CERTIFICATION OF SERVICE I
I hereby certify that a copy of the foregoing has been mailed, postage
prepaid on this day of January 2004 to all counsel and pro se parties:
Christopher G. Winans, Esquire
Burrell & Winans
‘l00 Mill Plain Road, 4"` Floor .
P. O. Box 2809
Danbury, CT 06813-2809
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BY if l
Mark . Block for 0'Brien, Shafner,
Stuart, Kelly & Morris, P.C.
ct 06557
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LAW OFFICES ¤ O'ER[EN, SHAFNER, STUART, KELLY 8: MORRIS, P.C. I
FLO. BOX BIO • NORWICH,CONNECT|CUT 06360 · 860—8B9—3B55 · FAX: 860-886-6352 • JURIS NUMBER 412I76