DocketNumber: No. CV92 29 23 31
Citation Numbers: 1993 Conn. Super. Ct. 238
Judges: STODOLINK, JUDGE
Filed Date: 1/19/1993
Status: Non-Precedential
Modified Date: 7/5/2016
The court has examined plaintiff's complaint and compares it to Form 704.35 in the Practice Book. The plaintiff failed to mention its claimed first mortgage as an encumbrance of record. It was therefore improper for Attorney Klein to make such a claim at the sale. The court therefore disapproves the sale and CT Page 239 all fees and expenses of the disapproved sale are to be charged to the plaintiff and paid by it within 30 days.
The court further orders that the plaintiff release the first mortgage of record or in the alternative, amend its complaint to claim its mortgage so that if put in issue, the question of merger may be resolved before another sale.
Plaintiff will pay to the Committee the sum of $1,241.04 for his expenses, and $1,500 for his Committee fee. The appraiser is allowed a $450.00 fee.
STODOLINK, JUDGE