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FORECLOSURE STANDING ORDER NO. 1
Publication
of Advertisements for Foreclosures by Sale
(Revised
7/3/02)
Please be advised that in any case in
which a foreclosure by sale is ordered advertising is to be published in
The Connecticut Post on the two Saturdays immediately preceding
the sale date unless otherwise ordered by the court.
By the Court
FORECLOSURE STANDING ORDER NO. 1.1
Facsimile Bidding for
Foreclosure Sales
(Revised 1/1/07)
Please be advised that in any case in
which a foreclosure by sale is ordered the plaintiff is permitted to bid
via e-mail or facsimile pursuant to the order as below. (Tyma, J.)
- (PDF)
Order re:
Plaintiff's Bid at Foreclosure Sale - (Word Doc.)
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Important note
regarding Bridgeport Foreclosure Standing Orders #2 and #3
Please be advised that the
Bridgeport Foreclosure Standing Orders #2 and #3 are only posted on this
site to serve as a reference to orders that may have been entered by
this Court prior to the implementation of Statewide Foreclosure by Sale
Standing Orders and the Uniform Procedures for Foreclosures by Sale. All
judgments of foreclosure by sale are issued by this Court pursuant the
Statewide Foreclosure by Sale Standing Orders and the Uniform Procedures
for Foreclosures by Sale.
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FORECLOSURE STANDING ORDER NO. 2
Revised and
Reissued, Effective September 6, 2001
By Order of the Presiding Judge
Foreclosures by Sale
Unless otherwise
ordered, these are the standing orders for foreclosures by sale:
a. Committee will be appointed by the Court.
b. Sales will take place @ 12 noon on the premises.
c. Inspection will occur from 10:00 a.m. to 12 noon on the date of sale.
d. The deposit is 10% of the fair market value as found by the Court.
The deposit is waived for the plaintiff unless requested otherwise.
Deposit is to be paid by either bank or certified check. Purchaser is to
close within 30 days of the Court’s approval of the committee deed. The
deposit shall be forfeited if the purchaser fails to close within 30
days of the approval of the committee deed.
e. Advertising is to be placed in The Connecticut Post on the two
Saturdays preceding the sale.
f. The sign is to be placed on the premises not less than 20 nor more
than 30 days prior to the sale.
g. Size of sign to be 3 feet wide x 2 feet high and must contain the
following statement: Do Not
Remove; Violation Subject To Punishment By Court.
h. Cost of sign not to exceed $350 including preparation, erection
and photograph for inclusion in committee report.
i. Committee is authorized to replace sign once without court approval.
The committee is authorized to hire someone to erect sign. Do not
erect sign yourself.
j. A disinterested appraiser will be appointed and will, under oath,
appraise the property and make return of the appraisal to the Clerk of
the Court at least ten days prior to the sale. The committee will
identify and retain this appraiser.
k. Committee is to obtain liability insurance for the date of the sale
in the amount of $1,000,000. Premium not to exceed $250.00.
l. Except for filing an appearance, if the sale is more than two months
in the future, the committee should incur no fees or expenses until 45
days prior to sale unless otherwise ordered by the court.
m. If the committee receives notice of bankruptcy prior to sale, the
plaintiff’s attorney must be notified immediately. If sale is cancelled
for any reason after publication or erection of sign, a written
announcement of cancellation should be posted at the site. There is no
need for the committee to remain on site in that event.
n. The following information is to be contained in the Court ordered
letter to the nonappearing defendant owner of the equity. The letter is
to be sent by the plaintiff via certified, return receipt mail and
should clearly state at the beginning that it is being sent at the
direction of the Court. A copy of the letter and later the return
receipt should be sent to the Clerk of the Court. No sale will be
approved or funds disbursed without proof of mailing. In short, the
letter should state the results of the foreclosure judgment, informing
the nonappearing equity owner that they risk loss of the equity if they
fail to take steps to protect that equity and that they should check
with the court after the sale to learn if there is any money that is
distributable to them. Furthermore, the letter should state that the
nonappearing party should either file their own appearance or have an
attorney file one in their behalf order to protect their interest in the
equity.
o. The sale is subject to any and all liens choate and inchoate which
are prior in right to the encumbrance being foreclosed.
By Order of the Court
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FORECLOSURE STANDING ORDER NO. 3
Revised and
Reissued, Effective September 6, 2001
By Order of the Presiding Judge
Court
Authorized Instructions to Committee
THESE INSTRUCTIONS AND GUIDELINES HAVE BEEN PREPARED TO
ASSIST YOU IN THE PERFORMANCE OF YOUR DUTIES AS A COURT APPOINTED
COMMITTEE OF THE SUPERIOR COURT. THEREFORE, IT IS THE EXPECTATION OF THE
COURT THAT YOU WILL DISCHARGE THIS RESPONSIBILITY COMPETENTLY AND
EFFICIENTLY AND WITH DUE REGARD FOR THE INTERESTS OF THE PARTIES AND THE
COURT. THE SIMPLIFIED PROCEDURE EMBODIED IN THE INSTRUCTIONS SHOULD BE
REFLECTED IN THE QUALITY OF YOUR WORK AND THE APPROPRIATENESS OF YOUR
FEE.
GENERAL
RESPONSIBILITIES
YOUR APPOINTMENT IS A PERSONAL
APPOINTMENT. YOU SHOULD FILE A PERSONAL APPEARANCE AND NOT A FIRM
APPEARANCE. YOUR DUTIES MAY NOT BE DELEGATED TO ANYONE ELSE WITHOUT
PRIOR APPROVAL OF THE COURT. ABSENT A SIGNIFICANT REASON WHY YOU CANNOT
PERSONALLY APPEAR TO ARGUE YOUR OWN MOTION (FOR EXAMPLE, A HEALTH OR
FAMILY EMERGENCY), THE COURT WILL NOT HEAR ARGUMENT ON YOUR MOTION
WITHOUT YOUR PRESENCE. ANY QUESTIONS REGARDING THE NEED FOR YOU TO
APPEAR FOR A MOTION SHOULD BE DIRECTED TO THE FORECLOSURE CLERK AT (203)
579-6527. THE COMMITTEE REPORT MUST BE FILED PROMPTLY ON THE PRESCRIBED
FORM. WHEN THE COMMITTEE REPORT IS FILED, THE COMMITTEE MAY REQUEST FOR
THE COURT’S CONSIDERATON AN ORDER DIRECTING THE PLAINTIFF OR THE CLERK
OF THE COURT TO REIMBURSE EXPENSES AND PAY FEES WITHIN 30 DAYS OF THE
APPROVAL OF SALE.
THE JUDGMENT MAY INCLUDE A DATE AFTER WHICH YOU MAY
BEGIN TO INCUR FEES AND EXPENSES. HOWEVER, YOU SHOULD FILE AN APPEARANCE
IMMEDIATELY.
IF YOU WILL BE UNAVAILABLE ON THE DATE OF THE SALE OR
ARE OTHERWISE DISQUALIFIED FROM SERVING, YOU SHOULD CONTACT THE
FORECLOSURE CLERK IMMEDIATELY SO THAT A NEW COMMITTEE MAY BE APPOINTED
IN YOUR PLACE.
YOU ARE NOT AUTHORIZED TO ALTER THE TERMS OF THE
JUDGMENT WITHOUT COURT APPROVAL. QUESTIONS, AFTER CONSULTATION WITH
COUNSEL AND THE FORECLOSURE CLERK, SHOULD BE SUBMITTED TO THE COURT IN
THE FORM OF A MOTION FOR ADVICE. IF A MOTION FOR ADVICE WOULD NOT BE
PRINTED ON THE SHORT CALENDAR IN TIME TO PROVIDE TIMELY ADVICE, YOU
SHOULD CONTACT THE FORECLOSURE CLERK FOR AN EXPEDITED ASSIGNMENT ON THE
WRITE-ON LIST.
IF YOUR DUTIES ARE TERMINATED BEFORE COMMENCEMENT OF
SERVICE, YOU SHOULD IMMEDIATELY NOTIFY THE FORECLOSURE CLERK.
APPEARANCE IN COURT
YOU NO LONGER NEED TO ATTEND
COURT TO SEEK APPROVAL OF A SALE UNLESS YOU ARE AWARE OF A LIKELY
OBJECTION OR ARE ORDERED BY THE COURT TO DO SO. GENERALLY, YOU NEED ONLY
ATTEND COURT TO OBTAIN THE ADVICE OF THE COURT IN THE LIMITED
CIRCUMSTANCES DESCRIBED BELOW. YOU SHOULD NOT ATTEND COURT FOR ARGUMENT
ON MOTIONS FOR EXTENSION OR MODIFICATION OF A SALE. ANY UNNECESSARY
APPEARANCE IN COURT WILL NOT BE APPROVED FOR COMPENSATION.
LEGAL
ADVERTISEMENTS
THE CONNECTICUT POST NOW CARRIES
A BLOCK NOTICE OF THE CONDITIONS OF SALES (SEE ATTACHED). THE
INFORMATION THEREIN APPLIES TO ALL FORECLOSURE NOTICES AND SHOULD NOT BE
INCLUDED IN THE LEGAL AD. PLEASE CHECK THE BLOCK NOTICE CONDITIONS
CAREFULLY TO DETERMINE WHETHER SOMETHING SPECIFIC NEEDS TO BE ADDED OR
CLARIFIED IN THE AD REGARDING THE SPECIFICS OF YOUR PROPERTY. NOTE THAT
A METES AND BOUNDS LEGAL DESCRIPTION SHOULD NOT BE PART OF THE AD.
PLEASE NOTE THAT THE NEW POLICY OF THE CONNECTICUT POST IS FOR THE
COMMITTEE TO PAY FOR THE ADS BEFORE THEY ARE PRINTED IN THE PAPER.
ENCLOSED IS A SUGGESTED AD FORMAT. IT CAN BE QUITE SHORT
BECAUSE MOST OF THE CONDITIONS OF SALE AND THE LEGAL DESCRIPTION ARE NO
LONGER INCLUDED IN EACH AD (SEE ATTACHED).
UNDER SPECIAL CIRCUMSTANCES SUCH AS WHERE THE PROPERTY
IS UNIQUE, COMMERCIAL OR INDUSTRIAL, YOU SHOULD CONSIDER A DISPLAY
ADVERTISEMENT. PRIOR APPROVAL OF THE COURT WILL BE NECESSARY. A COST
ESTIMATE MUST BE PROVIDED.
ANY QUESTIONS REGARDING THE ADS SHOULD BE ADDRESSED TO
THE LEGAL NOTICE DEPARTMENT AT THE CONNECTICUT POST.
APPRAISER
YOU ARE AUTHORIZED AND DIRECTED TO RETAIN A DISINTERESTED APPRAISER TO
APPRAISE THE PROPERTY PURSUANT TO GENERAL STATUTE SEC. 49-25. THE
APPRAISAL SHALL BE MADE UNDER OATH AND RETURNED TO THE CLERK OF THE
COURT AT LEAST TEN DAYS PRIOR TO THE SALE.
TITLE
SEARCH
ONCE YOU
ARE AUTHORIZED TO BEGIN WORK, YOU SHOULD IMMEDIATELY CONDUCT OR ORDER A
TITLE SEARCH TO CONFIRM THAT THERE ARE NO LIENS OR OTHER ENCUMBRANCES
NOT LISTED IN THE PLAINTIFF’S COMPLAINT. ANY DISCREPANCIES SHOULD
IMMEDIATELY BE BROUGHT TO THE ATTENTION OF THE PLAINTIFF’S ATTORNEY SO
ANY CORRECTIVE ACTION CAN BE TAKEN. THE COST OF THE TITLE SEARCH SHOULD
NOT EXCEED $150.00 PLUS COST OF COPIES, UNLESS OTHERWISE ORDERED BY THE
COURT.
SIGN ON
PREMISES (IF ORDERED)
THE SIGN MUST BE PLACED ON THE
PREMISES NOT LESS THAN 20 NOR MORE THAN 30 DAYS PRIOR TO THE SALE. THE
SIGN SHALL BE 3 FEET WIDE x 2 FEET HIGH AND MUST CONTAIN THE FOLLOWING
STATEMENT: DO NOT REMOVE; VIOLATION SUBJECT TO PUNISHMENT BY COURT.
COST OF SIGN SHALL NOT EXCEED $350 INCLUDING PREPARATION, ERECTION,
AND PHOTOGRAPH FOR INCLUSION IN COMMITTEE REPORT. YOU ARE AUTHORIZED TO
REPLACE THE SIGN ONCE WITHOUT COURT APPROVAL, PROVIDED THE SIGN CAN BE
ERECTED AT LEAST TEN DAYS PRIOR TO SALE. YOU ARE AUTHORIZED TO HIRE
SOMEONE TO ERECT SIGN. DO NOT ERECT SIGN YOURSELF.
ACCESS TO PREMISES
YOU SHOULD CONTACT THE PERSONS IN CONTROL OF THE PREMISES
(THROUGH COUNSEL OR IF NECESSARY DIRECTLY) TO ESTABLISH THE
ACCESSABILITY OF THE PREMISES ON THE DATE OF THE SALE.
THE ORDER PERMITTING ENTRY ALLOWS YOU TO OBTAIN ACCESS
TO THE PREMISES FROM THE OWNERS OF THE EQUITY OR TENANTS WHO ARE NAMED
AS DEFENDANTS. HOWEVER, ALTHOUGH YOU MAY USE THE ORDER TO GAIN ACCESS IF
THE OCCUPANTS OF THE PREMISES AGREE, IT DOES NOT ALLOW YOU TO
OBTAIN ENTRY TO THE PREMISES WITHOUT CONSENT. IF PRIOR TO, ON, OR AFTER
THE DATE OF SALE THE COMMITTEE HAS ANY QUESTIONS REGARDING OBTAINING
ACCESS TO OR SECURING THE PREMISES, YOU SHOULD IMMEDIATELY
CONTACT THE FORECLOSURE CLERK AT (203) 579-6527.
POLICE OFFICER
YOU ARE AUTHORIZED TO HIRE A POLICE OFFICER WHEN, IN YOUR
DISCRETION, IT IS NECESSARY BECAUSE OF THE CHARACTER OF THE
NEIGHBORHOOD, A REASONABLE CONCERN FOR SAFETY, OR SECURITY AT THE SALE
OR ANY OTHER REASON WHICH YOU, IN GOOD FAITH, REASONABLY BELIEVE
WARRANTS A POLICE OFFICER. THE GROUNDS FOR SUCH A DECISION MUST BE
STATED IN THE COMMITTEE’S REPORT TO THE COURT.
LOCKSMITH
THE HIRING OF A LOCKSMITH WITHOUT PRIOR JUDICIAL APPROVAL IS
AUTHORIZED ONLY WHEN THE PREMISES ARE ACTUALLY OR APPARENTLY UNOCCUPIED.
" UNOCCUPIED" MEANS UNINHABITED AND UNFURNISHED. IF AFTER ENTRY, IT IS
DISCOVERED THAT THE PREMISES ARE OCCUPIED, YOU MUST WITHDRAW, RELOCK THE
PREMISES AND LEAVE A NOTE IN A CONSPICUOUS PLACE THAT KEYS MAY BE
OBTAINED FROM YOU. YOU, NOT THE SUCCESSFUL BIDDER OR THE PLAINTIFF, ARE
RESPONSIBLE FOR SECURING THE PREMISES AFTER THE SALE. IF YOU ARE
UNCERTAIN OF HOW TO PROCEED, A MOTION FOR ADVICE MAY BE FILED WITH THE
COURT WHICH WILL BE ADDRESSED ON AN EXPEDITED BASIS.
CONDITION OF PREMISES
ORDINARILY THE FORECLOSING PLAINTIFF IS RESPONSIBLE FOR THE
CONDITION OF THE PREMISES PRIOR TO SALE. IF HOWEVER, YOU LEARN THAT
CERTAIN EMERGENCY CONDITIONS ARE LIKELY TO IMPACT THE SALE MATERIALLY
(e.g. LEAKING ROOF OR BURST PIPES), YOU SHOULD FIRST NOTIFY THE
PLAINTIFF’S ATTORNEY. IF NOT CORRECTED IN SUFFICIENT TIME TO AVOID
IMPACTING THE SALE, THE CONDITION SHOULD IMMEDIATELY BE BROUGHT TO THE
COURT’S ATTENTION BY FILING A MOTION FOR ADVICE WHICH WILL BE ADDRESSED
ON AN EXPEDITED BASIS.
VIEWING PREMISES
YOU SHOULD INSPECT THE PREMISES AS SOON AFTER THE SIGN IS
ERECTED AS PRACTICABLE. ORDINARILY, THERE SHOULD BE NO FURTHER NEED TO
INSPECT EXCEPT THAT VIEWING AND INSPECTION OF PREMISES SHOULD BE
CONDUCTED ON THE MORNING OF THE SALE. HOWEVER, YOU SHOULD DO YOUR BEST
TO BECOME FAMILIAR WITH THE PROPERTY BY CONSULTING THE APPRAISAL AND
REVIEWING THE PHYSICAL SPECIFICATIONS OF THE BUILDING IN PREPARATION FOR
QUESTIONS THAT MAY BE ASKED BY INTERESTED PARTIES. FROM THIS DATA, A
FACT SHEET SHOULD BE PREPARED FOR INQUIRIES PRIOR TO THE SALE (SEE
SAMPLE).
POST SALE PROCEDURE
THE CHECK FOR DEPOSIT AND THE BALANCE OF THE FUNDS FROM THE
CLOSING SHOULD BE DEPOSITED WITH THE COURT ON THE NEXT BUSINESS DAY OR
AS SOON AS POSSIBLE THEREAFTER. THE SUCCESSFUL BIDDER’S CHECK SHOULD BE
MADE PAYABLE TO THE BIDDER AND ENDORSED TO THE "CLERK OF THE SUPERIOR
COURT" OR IF MADE PAYABLE TO ANOTHER, ENDORSED TO THE "CLERK OF THE
SUPERIOR COURT". YOU ARE NOT AUTHORIZED TO MAKE ANY ADJUSTMENTS TO THE
DEPOSIT OR THE PURCHASE PRICE.
IN ORDER FOR THE SALE AND THE COMMITTEE’S FEES TO BE
APPROVED IN THE SHORTEST PERIOD OF TIME, THE COMMITTEE IS ENCOURAGED TO
SUBMIT THE MOTION FOR APPROVAL OF SALE BY THE WEDNESDAY FOLLOWING THE
SALE. ALL ADDITIONAL MOTIONS AND SUPPORTING DOCUMENTS (INCLUDING THE
COMMITTEE REPORT IN THE FORM PROVIDED) MUST BE FILED WITH THE CLERK’S
OFFICE NO LATER THAN TWO WEEKS AFTER THE FILING OF THE MOTION FOR
APPROVAL OF SALE. THE DEED MUST BE IN THE FORM OF "COMMITTEE DEED"
ATTACHED. ANY DEVIATION MUST BE APPROVED BY THE COURT.
FEES AND COSTS
COMMITTEE FEES WILL BE APPROVED ONLY UPON THE FILING WITH THE
COMMITTEE REPORT OF AN APPROPRIATE MOTION SUPPORTED BY AN AFFIDAVIT OF
SERVICE PERFORMANCE WHICH MUST CONTAIN AN ITEMIZATION IN UNITS OF TIME.
GENERALLY, THE APPROVABLE HOURLY RATE WILL BE $150.
SUPERIOR COURT
JUDICIAL DISTRICT OF FAIRFIELD AT BRIDGEPORT
The above instructions are the product of the dedicated
sevice of a committee consisting of the following: the Hon. A. William
Mottolese; Dennis Anderson, Esq.; Robert Frankel, Esq.; Lawrence
Garfinkel, Esq.; Geoffrey Milne, Esq.; Mark Rosen, Esq.; Louis C.
Zowine, Esq.; Jennifer St. John, Esq.; and Robert A. Wilock, II, Esq..
The court wishes to acknowledge with gratitude the many hours which
these attorneys donated to this project. By doing so, they have given
honor to their profession and have advanced the administration of
Foreclosure Proceedings in this Judicial District.
STANDARD FORM FOR NEWSPAPER ADVERTISEMENTS IN
FORECLOSURE SALES ORDERED IN THE JUDCIAL DISTRICT OF FAIRFIELD AT
BRIDGEPORT. Metes and bounds description of property is not to be
included in ad. Committee should have legal description available from
court file to provide to interested parties.
NOTICE OF PUBLIC AUCTION
FORECLOSURE SALE: <fill in type of property: e.g.
Residential Property, Land Only, Multi-Family Dwelling, Commercial
Building, Residential Condominium, etc.>
Location: <street address and town>
Pursuant to a judgment of the Superior Court for the
Judicial District of Fairfield at Bridgeport in <case name>, Docket
Number CV <docket number> the above identified property will be sold,
subject to Court approval, at public auction on Saturday <date and time>
on the premises. SUBJECT TO "CONDITIONS OF ALL SALES" LISTED ON THIS
PAGE.
The property will be sold as a whole, "as is", without
representations of any kind, free and clear of the interests of the
parties bound by said judgment but subject to taxes and other such liens
not foreclosed by said judgment and subject to all laws, ordinances, or
governmental restrictions and subject to easements and restrictions
appearing of record if any.
[If the United States of America is a party defendant,
include the following language at the end of the paragraph above:] <and
subject to the right of the United States of America to redeem as
provided by law.>
The successful bidder shall deposit with the Committee,
at the time of the sale, a certified or bank check in the amount of
<amount of deposit in words> dollars($<amount of deposit in numbers>).
The balance of the purchase price is to be paid upon the passing of the
committee deed which must take place not later than thirty (30) days
from the approval of said sale by the Court. If the purchaser is unable
to complete the sale within said thirty day period, the deposit shall be
forfeited.
Further description of the property and further
particulars of the terms of the sale as ordered by the Court may be
obtained from the court file or from the committee.
<Name>, Committee [do not include firm name]
<Street address>
Telephone: (203)<Phone number>
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