Landlord/Tenant

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/.

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You have options when facing foreclosure.

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.

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Recovery for HVAC Client

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

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

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

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

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.