DocketNumber: No. CV 99 70599 S
Judges: SULLIVAN, JUDGE.
Filed Date: 6/30/2000
Status: Non-Precedential
Modified Date: 7/5/2016
The Committee, by this request, is not seeking to obtain a judgment or an additional finding of additional debt as against the debtor-mortgagor-defendant. The Committee seeks only to have its costs and fees paid by the foreclosing mortgagee.
The Committee proceeds under General Statutes §
The wording of the statute is perfectly clear. In some circumstances there may be little or no necessity for such a statute. For example if the sale is postponed for a brief period of time and thereafter the prior committee fees and costs are added to the new committee fees and costs, all of which are the first priority as pertains to distribution of proceeds. However, where the sale is long delayed by the passage of time, pending removal of the bankruptcy stay, or more significant the withdrawal of the action, producing no sale proceeds. It is clear that CT Page 7957 the mortgagor must provide payment of the incurred expenses, to be then taxed as its costs.
The defendant objects to the motion for allowance of fees and expenses to the Committee. The defendant is concerned that this motion may in effect enhance his indebtedness, from which he is protected by the filing of the petition in the Bankruptcy Court.
This court does not enter any orders against the defendant-mortgagee. Nor does the court take any position as to whether, in appropriate circumstances, the payment of these sums by the mortgagee may be recouped from the mortgagor. Bankruptcy of course in most instances, precludes personal judgment against the bankrupt.
The sole function of this court is to determine whether, as between the mortgagee-plaintiff and the Committee, the fees and costs are to be paid by the plaintiff-foreclosing party under General Statutes §
"A Committee of Sale, as an arm of the court, shall not have to act at its own peril in undertaking its obligations under a foreclosure of sale . . . Accordingly, the court did not err in awarding fees and costs to the Committee of sale even though the sale was not ratified." HartfordFederal Savings Loan Assn. v. Tucker,
The court grants the motion of the Committee and orders that the plaintiffs pay to the Committee the sum of $3,690.54, representing $1,070.50 legal fees and $2,620.04 disbursements, to be taxed on behalf of the plaintiff with the costs of the case.
___________________, J. L.P. Sullivan