foreclosure / motion for approval of committee sale ...
FORECLOSURE / MOTION FOR APPROVAL OF COMMITTEE SALE, APPROVAL OF COMMITTEE DEED, ACCEPTANCE OF COMMITTEE REPORT, ALLOWANCE OF FEES AND EXPENSES, ALLOWANCE OF APRAISER'S FEES
STATE OF CONNECTICUT SUPERIOR COURT wvrw.jud.ct.gov
JD-CV-99 Rev.10-10
c.G.s. s 12-498
Onewest Bank, N.A. vs. Dian Hodge Rice,et al Mary Ann P. Haran
203453-6222
1445 Boston Post Rd., Guilford, CT 05437
Plaintiff Successful Bidder, Onewest Bank, N. A. 72900 Esperanza Crossing, PO Box 85400,Austin, TX 78708 Buyer's Attorney
Juris Number
Hunt, Leibert, Jacobson, P. C
1
50 Weston St., Hartford, CT 06120
860 808 0606
01
589
Property Address/Location
274 Church Street, Unit 4G, Guilford, CT 05437
The Committee moves the Court to: 1. Approve the Committee Sale and Deed; 2. Accept the Committee Report, 3. Allow the Committee a reasonable fee for his or her services and reimbursement for his or her expenses as listed in the Committee Report; 4. Allow a rea fee to the appraiser for his or her services. 05t11t2015
c I certify that a copy of this Foreclosure Motion was mailed or delivered to all counsel and self-represented (pro se)
Parties of record an
0511'112015 (Date)
Name of each party the Foreclosure Motion was mailed or delivered to*
Address where the Foreclosure Motion was mailed or delivered
Hunt LeibertJacobson, P.C., Aftorneys at Law
Onewest Bank, N.A.
50 Weston St.
West River Village Association, lnc.
Hartford, Ct 06120 Bender, Anderson and Barba, P.C. 3308 Whitney Ave. den, CT 05518
witli name of each party the Foreclosure Motion was mailed or delivered to and the address where
it was mailed or delivered
Order The foregoing motions having been presented to the Court, it is hereby Ordered: 1. The Committee Sale and Deed is approved;
2.The Committee Report is accepted; 3. The Committee is allowed a fee of $
and the sum of $
for expenses;
4. The appraiser is allowed fees of $ By The Court
OralArgument is Not Requested Nor Required The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). lf you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at
wvvwjud.ct.gov/ADN
SALE DEED
FORECLOSURE BY COMMITTEE
Name of person submitting deed for recording
STATE OF CONNECTICUT SUPERIOR COURT
Rev.6-10
vvvvw.jud.Ct.gov
JD-CV-74 c.G.s. s 7-24
, by the Superior Court for the nl$44 , being Docket No. NNHV CV 14-6047101-5 , wherein
WHEREAS, by judgment of Foreclosure by Sale rendered on (date) Judicial District of New Haven
Onewesl Bank. N.A.
is Plaintiff
and
Dian Hodqe Rice, et al is Defendant,
brought by complaint (street, lot #, or
daled
other)
0412512014
claiming a foreclosure of a mortgage/lien on premises known as
274 Ghurch Street. Unit 4G.
, Connecticut,
Guilford 06437
of Connecticut was duly appointed Committee ("Committee")
Marv-Ann P. Haran
and directed to sell the premises and convey the same to the purchaser, and WHEREAS, the Committee has sold the premises in all respects pursuant to the Judgment to
Onewest Bank" N-A.
of 29OO Esperanza
Crossins. PO Box 85400. Austin. TX 78708 ,
for the sum of
One Hundred Fiftv Thousand
($
rso,ooo.oo
) DOLLARS, and
WHEREAS, the sale has been ratified and confirmed by the Superior Court, which appears of record in the file in the Superior Court, to which reference is herein made. NOW KNOWYE, THAT
l,
Marv-Ann P. Haran
Committee, pursuant to the authority and direction given to me as aforesaid and in consideration of the sum of
One Hundred Fiftv Thousand
($
) DOLLARS received to my full satisfaction of
150,000.00
Onewest Bank, N.A. , ("Grantee(s)"), do hereby bargain, sell, transfer and convey unto
Onewesi Bank. N.A. and unto his/her their successors and assign forever a parcel of land, together with the improvements thereon, known as (street, lot #,
other) 274 Church Street, Unit
4G, Guilford
Connecticut, and being more particularly bounded and described on ExhibitA, attached hereto and made a partthereof (continued on bacldpage 2)
To have and to hold the above granted and bargained premises, with the appurtenances thereof, unto the Grantee(s), his/her/their suc@ssors and assigns forever to his/her/their and his/her/their own proper use and behoof. And l, the Committee do covenant with the Grantee(s), hisiher/their successors and assigns forever, that I have full power and authority as a Committee to grant and convey the above-described premises in manner and form aforesaid. The premises are conveyed to the Grantee(s) free and clear of the mortgage/lien being foreclosed, and of all claims subsequent in right thereto, the holders of which are bound by this action. Said premises are conveyed subject to (a) all prior liens and encumbrances which are prior in right to the mortgage/lien foreclosed; (b) all taxes, sewer assessments and sewer use charges (if any); (c) all building, building line and zoning regulations of the Town of Grrilford and all other governmental regulations and provisions of any public or private law; and (d) such state of facts that an accurate survey or personal inspection of the premises would disclose.
May
SignedsubjecttotheapprovaloftheSuperiorCourtthis
20
15
Signed in the presence of:
-dayof
x
Print name of signer
X
Print name of signer
Print name of committee Marv-Ann P. Haran
Committee:
STATE OF CONNECTICUT
COUNTYOF NEWHAVEN
SS,
The foregoing instrument was acknowledged before me
by Mary-Ann
this
of
_day
May
20
'15
, COMMITTEE
P. Haran
Signed Commissioner of the Supeior Court/Coutt
ClerklNotary Pint name of person
The foregoing committee deed is approved
this
day
Judge of the Superior Court:
JD-CV-74 (bacupage 2) Rev. 6-10
of
Date your commission expires
signing at left
May
20
15
FORECLOSURE BY SALE COMMITTEE REPORT
fcrcrrr-ouRiZsEo/v|7]
STATE OF CONNECTICUT SUPERIOR COURT
lcxl
www.jud.ct.gov
JD-CV-75 Rev. 9-1 1
llllilllllllilllll
lnstructions to Committee: Complete and submit to couft at completion of sale Name of Case (First-named Plaintiff vs
number
Onewest Bank, N.A. vs. Dian Hodge Rice et al
NNH-CV-14-6047101€
New Haven
April 30, 2015
Your Committee received notice from the Court and opened a file on
'1211712014
(date before which no fees or expenses are to be incurred).
The bar date was 0112112015 Your Committee then: (1)
Prepared and filed an appearance on 0112112015
(2)
Reviewed the Court flle on the Judicial Branch website or at the court on 0112112015
(3)
Contacted Plaintiffs attorney requesting a copy of the Complaint, title search and appraisal
(4)
Ordered a title search on 0210612015
(5)
Drafted the notice for the website and posted il al www.jud.ct.gov/e-seruices
(6)
Drafted language for the sign and ordered the sign on
(7)
The sign was erected on
(8)
Examined the premises on
(e)
Prepared the foreclosure sale notice and emailed or faxed
on
on
on
0'112112015
021241201'5
Re-erected on and determined sign
illo
was !
in
place !
not in place
(name of newspaper) New Haven Register
0211912015
(10) Received confirmation of receipt of Notice from the (name of newspaper) New Haven Register
on (1
0212412015
1) lnstructions to the appraiser
(12) Ordered liability insurance ('13) Prepared a fact sheet
on
on
on
0211112015
03/06/2015
0212112015
(14) The appraiser's reportwas received
on
(15) Fair market value was determined to be
0212412015
$
which was
157,000.00
f above f
below
value found at judgment. (16) Prepared the following for the date of the sale: (Check as appropriate)
tr Fact Sheet - Notice to Bidders tr Bid sign-up sheet
I
Bidding numbers
tr Bidding List T Sales Agreement (17) Received
7
inquiries from interested parties to date of sale.
(18) The legal notice was published in the newspaper
on
commenced running on the Judicial Branch website
0212512015
on
0212412015
Page 1 of 3
and on 0310112015
and
!
same as
l. Extraordinary circumstances: Describe:
Post Auction: Delivered check to court on Prepared Motions for Approval of Conrmttee Sale, Approval of Committee Deed, Acceptance of Committee Report, Allowance of Fees and Expenses, Allowance of Appraiser's Fees and filed these on Prepared and filed Affidavit for Committee Fees on Exhibits:
Bills for:
A. Picture of Sign
l. Sign J. Advertisement
B. Copy of Advertisement(s) C. Confirmation of on-line advertisement D. Fact Sheet - Notice to Bidders E. List of Bidders F. Bid Sheet G. Sales Agreement H. List of Phone Calls
K. lnsurance L. Locksmith M. Police Officer N. Title Search O. Appraisal
Expenses 225.00
Title Search fee Sign
300.00
Appraiser's Fee Liability lnsurance Advertisement Locksmith (if applicable) Police Officer (if applicable)
156.61
0.00 1,300.61
TOTAL
Gertification I certify that a copy oJ_this_lgcugent was mailed or delivered electronically or non-electronically to all attorneys and self-represented parties
)
\
and that written consent for electronic delivery was received from all attorneys and selfof record on ldafe) |Y/t represented parties recdivit'{g'electronic delivery. Name and address of each party and attorney that copy was mailed or delivered to*
or sheets with name and address which the copy was mailed or delivered to. or type name of person signrng
The Judicial Branch of lhe State of Conneclicut complies with the Americans with Disabilities Acl (ADA). lf you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www. jud.ct.gov/ADA. JD-CV-7S Rev. 9-1
1
Page 3 of 3
AFFIDAVIT STATE OF CONNECTICUT ss: Guilford COUNTY OF NEW HAVEN
In the matter of Onewest Bank, N.A. vs. Dian Hodge Rice, et al, I, Mary Ann P. Haran, the undersigned, being duly swom, depose and say:
COMMITTEE HOURS FOR SALE on31712015
offile, file
1.0 hour(s)
U22n5
Review and copy court file
@ 0.5 hour(s)
U27lt5
Prepare ad, arrange for publication of ad in New Haven Register for advertisement of properly
@ 1.0 hour(s)
2t20n5
Arrangements (telephone call) for court ordered appraisal ofproperty, preparation and filing ofReport ofAppraisers
@ 2.0 hour(s)
2l24lt5
1.
Receipt and review
2.
appearance
@
5.
Review Title Search of property, obtaining lien information
6.
Telephone conversations with interested parties
@ 3.0 hour(s)
2l22lt5-3t6lt5
7.
Check with Bankruptcy Court for filing status
@ 0.5 hour(s)
316115
8.
Drive by property, ascertain status ofdefendants
@ 2.0 hour(s)
U24^s-3t6t15
9.
Contact Condominium Association for Statutory Fees and obtain letter for Notice to Bidders
10.
Order Locksmith
11.
Preparation
t2.
Preparation for and attendance at auction sale, including obtaining liability insurance, Plaintiffs bid
13.
of Bond for Deed
@ 2.0 hour(s)
and Notice to Bidders
@ 1.5
hour(s)
3l5ll5
@ 3.0
hour(s)
315115
Preparation of Motions, Committee Report
@ 1.5 hour(s
and Deed; delivery to Court
14.
2128115
Time anticipation
of
closing file
)
@ t hour(s)
0
Total Hours - 19 hour(s) @ $200.00: $3,800.00
Commissioner of Superior Court
Subscribed and sworn to before me
,' l,h
this I
day
,.. ,/
of
,/
at"
,/
(-'a*z$ Public
Fy (.;"'' * t1fi
oli
€'-r?'tt'"s
4/30115
yrrl;w b ttiit Siitiriin
SHonrJ
ffifgu{}3*Tmafler
\\!,;:i,r'n.\r
STATE OF CONNECTICUT SUPERIOR COURT wvrw.jud.ct.gov
JD-CV-99 Rev.10-10
c.G.s. s 12-498
Onewest Bank, N.A. vs. Dian Hodge Rice,et al Mary Ann P. Haran
203453-6222
1445 Boston Post Rd., Guilford, CT 05437
Plaintiff Successful Bidder, Onewest Bank, N. A. 72900 Esperanza Crossing, PO Box 85400,Austin, TX 78708 Buyer's Attorney
Juris Number
Hunt, Leibert, Jacobson, P. C
1
50 Weston St., Hartford, CT 06120
860 808 0606
01
589
Property Address/Location
274 Church Street, Unit 4G, Guilford, CT 05437
The Committee moves the Court to: 1. Approve the Committee Sale and Deed; 2. Accept the Committee Report, 3. Allow the Committee a reasonable fee for his or her services and reimbursement for his or her expenses as listed in the Committee Report; 4. Allow a rea fee to the appraiser for his or her services. 05t11t2015
c I certify that a copy of this Foreclosure Motion was mailed or delivered to all counsel and self-represented (pro se)
Parties of record an
0511'112015 (Date)
Name of each party the Foreclosure Motion was mailed or delivered to*
Address where the Foreclosure Motion was mailed or delivered
Hunt LeibertJacobson, P.C., Aftorneys at Law
Onewest Bank, N.A.
50 Weston St.
West River Village Association, lnc.
Hartford, Ct 06120 Bender, Anderson and Barba, P.C. 3308 Whitney Ave. den, CT 05518
witli name of each party the Foreclosure Motion was mailed or delivered to and the address where
it was mailed or delivered
Order The foregoing motions having been presented to the Court, it is hereby Ordered: 1. The Committee Sale and Deed is approved;
2.The Committee Report is accepted; 3. The Committee is allowed a fee of $
and the sum of $
for expenses;
4. The appraiser is allowed fees of $ By The Court
OralArgument is Not Requested Nor Required The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). lf you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at
wvvwjud.ct.gov/ADN
SALE DEED
FORECLOSURE BY COMMITTEE
Name of person submitting deed for recording
STATE OF CONNECTICUT SUPERIOR COURT
Rev.6-10
vvvvw.jud.Ct.gov
JD-CV-74 c.G.s. s 7-24
, by the Superior Court for the nl$44 , being Docket No. NNHV CV 14-6047101-5 , wherein
WHEREAS, by judgment of Foreclosure by Sale rendered on (date) Judicial District of New Haven
Onewesl Bank. N.A.
is Plaintiff
and
Dian Hodqe Rice, et al is Defendant,
brought by complaint (street, lot #, or
daled
other)
0412512014
claiming a foreclosure of a mortgage/lien on premises known as
274 Ghurch Street. Unit 4G.
, Connecticut,
Guilford 06437
of Connecticut was duly appointed Committee ("Committee")
Marv-Ann P. Haran
and directed to sell the premises and convey the same to the purchaser, and WHEREAS, the Committee has sold the premises in all respects pursuant to the Judgment to
Onewest Bank" N-A.
of 29OO Esperanza
Crossins. PO Box 85400. Austin. TX 78708 ,
for the sum of
One Hundred Fiftv Thousand
($
rso,ooo.oo
) DOLLARS, and
WHEREAS, the sale has been ratified and confirmed by the Superior Court, which appears of record in the file in the Superior Court, to which reference is herein made. NOW KNOWYE, THAT
l,
Marv-Ann P. Haran
Committee, pursuant to the authority and direction given to me as aforesaid and in consideration of the sum of
One Hundred Fiftv Thousand
($
) DOLLARS received to my full satisfaction of
150,000.00
Onewest Bank, N.A. , ("Grantee(s)"), do hereby bargain, sell, transfer and convey unto
Onewesi Bank. N.A. and unto his/her their successors and assign forever a parcel of land, together with the improvements thereon, known as (street, lot #,
other) 274 Church Street, Unit
4G, Guilford
Connecticut, and being more particularly bounded and described on ExhibitA, attached hereto and made a partthereof (continued on bacldpage 2)
To have and to hold the above granted and bargained premises, with the appurtenances thereof, unto the Grantee(s), his/her/their suc@ssors and assigns forever to his/her/their and his/her/their own proper use and behoof. And l, the Committee do covenant with the Grantee(s), hisiher/their successors and assigns forever, that I have full power and authority as a Committee to grant and convey the above-described premises in manner and form aforesaid. The premises are conveyed to the Grantee(s) free and clear of the mortgage/lien being foreclosed, and of all claims subsequent in right thereto, the holders of which are bound by this action. Said premises are conveyed subject to (a) all prior liens and encumbrances which are prior in right to the mortgage/lien foreclosed; (b) all taxes, sewer assessments and sewer use charges (if any); (c) all building, building line and zoning regulations of the Town of Grrilford and all other governmental regulations and provisions of any public or private law; and (d) such state of facts that an accurate survey or personal inspection of the premises would disclose.
May
SignedsubjecttotheapprovaloftheSuperiorCourtthis
20
15
Signed in the presence of:
-dayof
x
Print name of signer
X
Print name of signer
Print name of committee Marv-Ann P. Haran
Committee:
STATE OF CONNECTICUT
COUNTYOF NEWHAVEN
SS,
The foregoing instrument was acknowledged before me
by Mary-Ann
this
of
_day
May
20
'15
, COMMITTEE
P. Haran
Signed Commissioner of the Supeior Court/Coutt
ClerklNotary Pint name of person
The foregoing committee deed is approved
this
day
Judge of the Superior Court:
JD-CV-74 (bacupage 2) Rev. 6-10
of
Date your commission expires
signing at left
May
20
15
FORECLOSURE BY SALE COMMITTEE REPORT
fcrcrrr-ouRiZsEo/v|7]
STATE OF CONNECTICUT SUPERIOR COURT
lcxl
www.jud.ct.gov
JD-CV-75 Rev. 9-1 1
llllilllllllilllll
lnstructions to Committee: Complete and submit to couft at completion of sale Name of Case (First-named Plaintiff vs
number
Onewest Bank, N.A. vs. Dian Hodge Rice et al
NNH-CV-14-6047101€
New Haven
April 30, 2015
Your Committee received notice from the Court and opened a file on
'1211712014
(date before which no fees or expenses are to be incurred).
The bar date was 0112112015 Your Committee then: (1)
Prepared and filed an appearance on 0112112015
(2)
Reviewed the Court flle on the Judicial Branch website or at the court on 0112112015
(3)
Contacted Plaintiffs attorney requesting a copy of the Complaint, title search and appraisal
(4)
Ordered a title search on 0210612015
(5)
Drafted the notice for the website and posted il al www.jud.ct.gov/e-seruices
(6)
Drafted language for the sign and ordered the sign on
(7)
The sign was erected on
(8)
Examined the premises on
(e)
Prepared the foreclosure sale notice and emailed or faxed
on
on
on
0'112112015
021241201'5
Re-erected on and determined sign
illo
was !
in
place !
not in place
(name of newspaper) New Haven Register
0211912015
(10) Received confirmation of receipt of Notice from the (name of newspaper) New Haven Register
on (1
0212412015
1) lnstructions to the appraiser
(12) Ordered liability insurance ('13) Prepared a fact sheet
on
on
on
0211112015
03/06/2015
0212112015
(14) The appraiser's reportwas received
on
(15) Fair market value was determined to be
0212412015
$
which was
157,000.00
f above f
below
value found at judgment. (16) Prepared the following for the date of the sale: (Check as appropriate)
tr Fact Sheet - Notice to Bidders tr Bid sign-up sheet
I
Bidding numbers
tr Bidding List T Sales Agreement (17) Received
7
inquiries from interested parties to date of sale.
(18) The legal notice was published in the newspaper
on
commenced running on the Judicial Branch website
0212512015
on
0212412015
Page 1 of 3
and on 0310112015
and
!
same as
l. Extraordinary circumstances: Describe:
Post Auction: Delivered check to court on Prepared Motions for Approval of Conrmttee Sale, Approval of Committee Deed, Acceptance of Committee Report, Allowance of Fees and Expenses, Allowance of Appraiser's Fees and filed these on Prepared and filed Affidavit for Committee Fees on Exhibits:
Bills for:
A. Picture of Sign
l. Sign J. Advertisement
B. Copy of Advertisement(s) C. Confirmation of on-line advertisement D. Fact Sheet - Notice to Bidders E. List of Bidders F. Bid Sheet G. Sales Agreement H. List of Phone Calls
K. lnsurance L. Locksmith M. Police Officer N. Title Search O. Appraisal
Expenses 225.00
Title Search fee Sign
300.00
Appraiser's Fee Liability lnsurance Advertisement Locksmith (if applicable) Police Officer (if applicable)
156.61
0.00 1,300.61
TOTAL
Gertification I certify that a copy oJ_this_lgcugent was mailed or delivered electronically or non-electronically to all attorneys and self-represented parties
)
\
and that written consent for electronic delivery was received from all attorneys and selfof record on ldafe) |Y/t represented parties recdivit'{g'electronic delivery. Name and address of each party and attorney that copy was mailed or delivered to*
or sheets with name and address which the copy was mailed or delivered to. or type name of person signrng
The Judicial Branch of lhe State of Conneclicut complies with the Americans with Disabilities Acl (ADA). lf you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www. jud.ct.gov/ADA. JD-CV-7S Rev. 9-1
1
Page 3 of 3
AFFIDAVIT STATE OF CONNECTICUT ss: Guilford COUNTY OF NEW HAVEN
In the matter of Onewest Bank, N.A. vs. Dian Hodge Rice, et al, I, Mary Ann P. Haran, the undersigned, being duly swom, depose and say:
COMMITTEE HOURS FOR SALE on31712015
offile, file
1.0 hour(s)
U22n5
Review and copy court file
@ 0.5 hour(s)
U27lt5
Prepare ad, arrange for publication of ad in New Haven Register for advertisement of properly
@ 1.0 hour(s)
2t20n5
Arrangements (telephone call) for court ordered appraisal ofproperty, preparation and filing ofReport ofAppraisers
@ 2.0 hour(s)
2l24lt5
1.
Receipt and review
2.
appearance
@
5.
Review Title Search of property, obtaining lien information
6.
Telephone conversations with interested parties
@ 3.0 hour(s)
2l22lt5-3t6lt5
7.
Check with Bankruptcy Court for filing status
@ 0.5 hour(s)
316115
8.
Drive by property, ascertain status ofdefendants
@ 2.0 hour(s)
U24^s-3t6t15
9.
Contact Condominium Association for Statutory Fees and obtain letter for Notice to Bidders
10.
Order Locksmith
11.
Preparation
t2.
Preparation for and attendance at auction sale, including obtaining liability insurance, Plaintiffs bid
13.
of Bond for Deed
@ 2.0 hour(s)
and Notice to Bidders
@ 1.5
hour(s)
3l5ll5
@ 3.0
hour(s)
315115
Preparation of Motions, Committee Report
@ 1.5 hour(s
and Deed; delivery to Court
14.
2128115
Time anticipation
of
closing file
)
@ t hour(s)
0
Total Hours - 19 hour(s) @ $200.00: $3,800.00
Commissioner of Superior Court
Subscribed and sworn to before me
,' l,h
this I
day
,.. ,/
of
,/
at"
,/
(-'a*z$ Public
Fy (.;"'' * t1fi
oli
€'-r?'tt'"s
4/30115
yrrl;w b ttiit Siitiriin
SHonrJ
ffifgu{}3*Tmafler
\\!,;:i,r'n.\r
