Connecticut Legal Discussion

Fairfield Warde Presentation

2011-11-01T09:06:00.000-07:00

Vicki and Jeremy presented last week to Fairfield High new drivers on the new teen driving laws, legal consequences for drinking and driving, parental liability for parties, sexting and cyber bullying.

http://www.victoriaferrara.com/

Fairfield Rental Requirement

2011-10-04T12:10:00.000-07:00

Not many people are aware of this, but the Town of Fairfield requires that a "Certificate of Rental Occupancy" be filed with the Health Department prior to a tenant taking possession of residential property pursuant to a lease agreement. Once the application is filed, the Town schedules an inspection, and following a satisfactory inspection, the Certificate is issued.

There are substantial per diem civil penalties for failing to comply, but noncompliance may also result in criminal charges being brought through Housing Court.

We at the Law Offices of Victoria Ferrara represent both landlords and tenants, and would be happy to advise you, protect your rights, and assist you in compliance with applicable law.

http://www.victoriaferrara.com/

Feedback from another satisfied RE client

2011-08-26T06:44:00.001-07:00

“Thanks so much Kim and Jeremy for everything, you guys have been amazing to work with. We appreciate all of your help and support and would be more than happy to tell our friends about you and we would always be happy to be a reference for you guys!

We look forward to working with you again, although not too soon, moving is stressful :-)”

Protections for Tenants of Foreclosed Homes

2011-08-10T11:22:00.000-07:00

Recently enacted Public Act 11-201 provides protections for tenants of foreclosed homes in Connecticut. The lender in a foreclosure action must now take title subject to the rights of "bona fide" tenants. Tenants with month-to-month leases must be given at least 90 days notice before eviction. "Bona fide" tenants who entered into a lease before the lender takes title must be allowed to remain until the end of the lease term, unless the lender sells the property to a buyer who will occupy it as his or her primary residence.
Courtesy of Steve Maggiola's "Title Tidbits."

In order to have a "bona fide" tenancy which qualifies for this protection, the tenant cannot be the mortgagor's child, spouse, or parent, and the lease must be the result of an arms-length transaction at a fair market rent.
The Act specifies that these provisions do not affect the termination requirements for any federal or state subsidized housing.

For Pet Owners/Animal Lovers!

2011-08-03T18:23:00.000-07:00

What do you guys think? Recently, I helped out friends trying to recover against someone who caused the death of their 1 year old English Bulldog. Law says she was personal property, and the general rule in CT is that recovery is limited to the replacement value of the animal. Interesting article from a couple months ago was posted by a fellow CTLA member: http://www.ctlawtribune.com/getarticle.aspx?ID=40084

Consequences of Budget Cuts to Judicial Branch

2011-07-19T13:23:00.001-07:00

http://www.jud.ct.gov/external/news/BudgetPlan_071511.pdf

Landlord/Tenant

2011-05-26T06:48:00.000-07:00

Be sure to have an attorney review any lease prior to signing so that you're aware of your (and the other party's) rights and responsibilities. There are statutes in Connecticut that speak to many of these obligations, and are explained in a user-friendly manner at http://www.jud.ct.gov/.

http://www.victoriaferrara.com/

You have options when facing foreclosure.

2011-04-26T11:03:00.000-07:00

We've been heavily involved lately in assisting clients that are experiencing financial difficulties and facing foreclosure. Whether foreclosure has commenced or you're looking for ways to avoid it, we can help. Whether it's guiding you through a modification, defending pending litigation, or both, please be aware that there is help available.

Short sales and deeds-in-lieu may be available if the client does not wish to keep the home. While this is not ideal and often a last resort, it can help avoid deficiency exposure.

For those clients wishing to keep their homes, a modification may be available, depending on income and liabilities. Navigating this process directly with the lender is often very difficult and time consuming outside of foreclosure, but if foreclosure has commenced, Connecticut has implemented a court-monitored mediation program where, based on a recent study, 2/3rds of individuals applying have been able to keep their homes.

We've been successful recently on behalf of our clients. On April 4th, I was able to petition the Court to open judgment and postpone the sale until August when a sale was already scheduled for April 30th. Yesterday, I argued on behalf of a client to reinstate her case to the mediation docket when the original deadline was missed. This is why it's important to speak w/ an attorney to discuss options, and not miss an opportunity.

http://www.victoriaferrara.com/

Recovery for HVAC Client

2011-04-14T10:10:00.000-07:00

Just settled a case for an HVAC client (very nice guy, does fantastic work) where the general contractor witheld payment. It was a long time coming, so I am very happy to give the client the good news.

Make sure if you're a subcontractor to have a contract with your GC regarding payment terms!

Foreclosure Help

2011-04-07T07:46:00.000-07:00

Good news for the many people currently going through financial difficulty and pursuing mortgage modification with their lender. As many of us know, getting anywhere with mortgage modification applications with lenders' loss mitigation departments is brutal. The following proposed Act in Connecticut may provide help by requiring lenders to be accountable and responsible:

Senate Bill 950 concerns mortgage lenders who bring foreclosure actions on residential real property. The bill would require the lender to provide the defendant with the name of and contact information for a lender representative who has the authority to process requests to refinance or modify the mortgage agreement, or to otherwise take action to avoid the foreclosure.

The bill also provides that the court may delay the entry of a judgment of foreclosure or a deficiency judgment if it is determined that the mortgagee has failed to provide such notice, has failed to respond within a reasonable time to a request from the mortgagor to refinance or modify the mortgage agreement, or has engaged in contact that the court deems to be an unfair or deceptive act or practice.

Foreclosure Mediation

2011-04-04T13:03:00.000-07:00

If you're in the unfortunate situation where your lender has initiated foreclosure, you have options to save your home. Initially, it is very important to file for court supervised mediation, if you qualify, not later than 15 days from the return date. Make sure you consult an attorney to protect your rights.

Attorney's Fees Clause

2011-03-30T09:53:00.000-07:00

We do a lot of collections work, and I often find myself wishing, for the client's sake, that their service contracts included an attorney's fee clause. In the event of a breach, and the client needs to pursue their rights, the attorney's fees clause may allow the recovery of costs and attorney's fees.

Home Improvement Compliance

2011-03-17T07:23:00.001-07:00

If you're a contractor in CT doing certain residential work, it's important to note that you need to be a licensed contractor with the CT Department of Consumer Protection. You are also required by law to have a contract with very specific provisions. Failure to be licensed or have a contract compliant with applicable law is a per se unfair trade practice.

Title Insurance

2011-03-15T11:06:00.000-07:00

When purchasing a new home, included in your closing costs will be title insurance. Your lender will require coverage up to the amount of the loan, and for a small additional cost you can insure the full FMV of the property. Title insurance, which is a one time charge at closing, protects, among other things, your ownership interest in the property. It also insures against defects in title, adverse title claims, and will cover attorney's fees and costs in defending or prosecuting title disputes.

Right to Inspect Condo Docs

2011-03-03T08:08:00.000-08:00

If you own a condo and are interested in seeing the books and finances of the association, note that CT law requires the association to make reasonably available all accounting, financial and other books/records of the association upon the request of the unit owner or agent.

Wetlands?

2011-03-02T07:43:00.000-08:00

If you're doing any construction, putting in a pool, etc., also check with the local municipality to confirm whether or not you have wetlands - if you do, you'll need a permit to conduct your activity in a regulated area.

Building a deck, pool, or addition?

2011-02-24T11:28:00.000-08:00

If you're doing work on your home or property, be sure to check with the applicable town department(s) to determine whether permits are required, get the work inspected, and obtain sign-offs/certificates of occupancy where applicable. If you cut corners now, you will have to address the issues before selling, at which point it may be more difficult and expensive. Consulting a licensed, reputable contractor may help.

Current will?

2011-02-24T11:26:00.000-08:00

The beginning of the new year is a good time to confirm that your estate is in order. If you have assets and/or children, you should have an estate plan. If you have executed a will, for example, in the past, we recommend reviewing it every five years.

More Press on Vicki's Recent Landmark SC Decision

2011-02-22T08:40:00.000-08:00

ABC News Article: http://abcnews.go.com/Health/connecticut-surrogacy-law-genetic-parents-legal-rights/story?id=12662224&page=1

CT Law Trib Article:

http://www.ctlawtribune.com/getarticle.aspx?ID=39424

CT Post: http://m.connpost.com/connpost/db_43460/contentdetail.htm;jsessionid=8BF76EAD7AF69E5D6F96F17DCAD5F90D?contentguid=SfVUNokO&detailindex=0&pn=0&ps=10&full=true

Operating an LLC Properly

2011-02-22T08:38:00.001-08:00

If you’re doing business as a member or principal of an LLC, make sure when you’re executing business documents that you sign in that capacity. There are many other factors, but this is one small way to avoid the imposition of personal liability.

Welcome!

2011-02-22T08:28:00.001-08:00

Welcome to our new legal blog. The Law Firm of Victoria T. Ferrara is always looking for ways to help communities and individuals in Connecticut. We feel this blog will help accomplish that by providing useful information on Connecticut law.

Getting your $ - Enforcing a Civil Judgment

2011-02-22T08:26:00.001-08:00

For those of you that may have obtained a civil money judgment (whether after a determination of your case on the merits or after an entry of judgment after default), you may have options to pursue the money to which you are entitled.
After providing the judgment debtor (the individual or entity against whom you’ve obtained the judgment) with proper notice, and after the required time passes, there are three primary methods people use to pursue the money that they’re owed:
(1)    Bank Execution: The clerk will sign the execution (which can be filled out on the CT judicial branch website at http://www.jud2.ct.gov/webforms/) and return it to you. You will then need to get it in the hands of a state marshal who will go to various banks in the area to see if the debtor has any accounts with any non-exempt funds against which your judgment can be satisfied. Some marshals try more banks than others, so you may want to ask before deciding on one. Also note that the marshal is entitled to a statutory percentage for his services.
(2)    Personal Property Execution: This is similar (at least procedurally) to a bank execution, except that the marshal will try to find the debtor’s non-exempt personal assets (as opposed to money) that can be used to satisfy your judgment.
(3)    Wage Execution: Finally, you can apply with the clerk for a wage execution. Once signed, the marshal serves it on the debtor’s employer ordering the employer to make payments directly to the debtor or debtor’s representative. The amount withheld will be based on a statutory computation determined when the execution is served.
It’s important to note that if the marshal returns any of the above wholly or partially unsatisfied, you still have the other options available. Just know that the clerk will not issue an execution while one is outstanding. Finally, this list is not exhaustive, and depending on your situation, other options may be available.

Get your security deposit back!

2011-02-22T08:25:00.001-08:00

Connecticut Landlord-Tenant Note: If you’re a tenant whose lease has expired and you have moved out, and you’ve provided the landlord with your forwarding address in writing, he is required to refund your deposit (plus interest) within 30 days or you may be entitled to double your security.

Real Estate Considerations

2011-02-22T08:23:00.001-08:00

Here’s some basics for those considering purchasing residential real estate:

Know what you can afford – contact a lender (bank) or broker to see what financing that is available – be sure to obtain a document called the “Good Faith Estimate.” This must list ALL of the costs involved with obtaining the financing, and remain consistent through to closing. This is very important. Make sure to give it to your lawyer so he or she can make sure that, at closing, you’re not being charged anything other than what you agreed to
When using a real estate agent/broker, choose one of the many out there that you are comfortable with, and with whom are confident that he or she will represent your best interests
When you find something that works for you, you’ll put in an offer
In most cases, you’ll sign a “Binder” (which will require an initial deposit), and will set the date for you to have an inspection
At this point, you should contact your lawyer (your real estate agent generally also puts a call in)
The Seller’s lawyer (in Fairfield County) prepares formal proposed contracts and sends them to your (Buyer’s) attorney
Your lawyer will review the proposed contract and schedule a meeting with you to discuss the proposed terms, modify them to your liking and to protect you, and very importantly, address the concerns that were raised by your inspection
Once the contract is finalized, you will work with your broker/lender to provide them with the information necessary to obtain a firm “Committment Letter.” There are some significances to obtaining this financing, and your lawyer will explain it to you
Your lawyer will also order a title search to make sure the property that you are purchasing has (or will have) clear title (i.e., no unreleased mortgages)
Finally, there is the closing – you will meet with your lawyer to execute all legally necessary documents, as well as those required by the lender – he/she will also explain the terms of each document to you, as well as all of the disbursements made on your, and the seller’s, behalf.

We realize that the purchase of one’s home is a very significant time in one’s life, so we do our best to make a client feel as comfortable as possible.

Supreme Court Victory!

2011-02-22T08:21:00.000-08:00

Please see recent press release regarding Attorney Ferrara's Supreme Court victory at:

http://www.victoriaferrara.com/CM/Custom/Ferrara_Raftopol_Release.pdf