foreclosure defense attorney

Right to Foreclosure Mediation Extended to Divorcees and Surviving Spouses – Connecticut Public Act No. 15-124

Right to Foreclosure Mediation for Divorcees and Surviving Spouses

Connecticut Public Act 15-124 – An Act Extending The Foreclosure Mediation Program

One of the benefits of being in a multi-partner law firm is the overlap between our different practice areas, allowing us to better help our clients in difficult situations. Since our firm represents divorce clients, probate clients, and foreclosure clients, Connecticut Public Act no. 15-124 is going to allow us to help clients better solve their foreclosure issues when relating to residential real estate property that was part of divorce or probate proceedings.

The Problem Was Standing

Perhaps you are a divorcee. You just finished the long and stressful process of divorce. Part of the Court ordered Divorce Decree is that your ex-spouse execute a quitclaim deed transferring a house or condominium to your ownership. The deed is drafted and recorded on the land records and as far as you are concerned the property is now yours.

Perhaps your spouse recently passed away. You just finished the extremely complicated probate process. In their will your spouse left you residential real estate property. The Executor of your spouse’s estate drafted an Executor’s Deed, which was approved by the probate court and recorded on the land records, transferring title in the property to you.

In either case, let’s assume there was a mortgage on the property. Either your ex-spouse had not been making payments or the probate estate had not been making payments and the mortgage is in default. Or, even if the payments are current, the mortgage has a “due on transfer” clause, which states that if the property is ever transferred from the ownership of the borrower under the mortgage, the entire outstanding amount is due and payable in full. As is common, the collateral on the mortgage is the property itselfThe bank is now foreclosing on the property.

As the new owner, you want to enter foreclosure mediation so that you can find a way to keep your family home; through mortgage modification or refinance. Until October 1, 2015, YOU COULDN’T!

The issue was standing! Since you were not a party to the mortgage, you had no “privity of contract”, and therefore no standing to challenge the foreclosure in court. The foreclosure would proceed and the bank would be allowed to either repossess or sell your property to pay off the money owed to them.

The Connecticut Legislature Solves The Problem

The Connecticut Legislature saw the issue of removing spouses from the family home without letting them be heard when a court order had given them possession of the residential real estate property. After all, how is it fair to completely stonewall the new owner of the property from mediating a solution to the foreclosure?

Therefore, Public Act No. 15-142 has extended the foreclosure mediation process to include spouses who became “successors in interest” due to divorce, separation, or death of the other spouse.

What this means for our clients

The new law allows the divorcee or decedent’s spouse to stand in the shoes of the previous owner, at least as far as defending against foreclosure of the property is concerned. This means that we can now offer assistance to our foreclosure clients who became owners through divorce or death of their spouse. Previously, we would have had to turn these people away as there was no legal procedure available for us to resolve their problem. It is not guaranteed that the successor-in-interest spouse will be allowed to keep the property, but at least now they have a fighting chance.

what to do with a will after death

What To Do With A Will

What Should I Do With The Will Of A Loved One?

What To Do With A Will After A Death

Most people know what a will is and that it contains the wishes of a loved one who has passed away. However, when that time comes, most people have no idea what to do with a loved one’s will that has been left in their possession. Until Probated, a will is just a piece of paper. If you found the will of somebody who has passed away, or “Testator”, you need to take steps to get the will legally recognized.

If you are the “Executor”, or the person specifically chosen in the will to probate it, you need to deliver the will to the proper Probate Court within 30 days of the Testators death. The proper Probate Court will be dependent on the location of the domicile of the Testator at the time of their death. Click for a Directory of Connecticut Probate Courts.

If you are not the named Executor but are in possession of the will, you can deliver it to the named Executor or the Probate Court within 30 days after becoming aware of their death or within 30 days of discovering the will.

If you are in possession of a will and fail to get it into the hands of the correct individuals, there may be civil or criminal penalties.

If you need to Probate a Will in Fairfield County and don’t want to handle it on your own, contact our Connecticut licensed probate attorneys at G&G Law, LLC. We can handle Probate matters on behalf of the fiduciaries who would otherwise have the responsibility. We have experience with the Danbury Probate Court and the Bethel Probate Court and know the policies and procedures that would throw the common person for a loop. Contact us today at 203-740-1400.