25 v. Cavalry Chapel of Norwalk, Inc. (2010)

ORDER

The foregoing case having been tried to the court it is hereby ORDERED:

1. The sum is due the plaintiff on the debt by the defendant itemized as follows:

A. $46,005.78 for unpaid common charges;

B. $16,000.00 attorneys fees;

2. A judgment of foreclosure by sale is decreed.

3. It is adjudged that a committee will be appointed to sell the mortgaged premises above described;  that committee shall sell the same as whole, subject to the approval of the court, free and clear of the common charges herein being foreclosed and of all claims subsequent in right thereto the holders of which are bound by this action (subject to the right of the United States of America to redeem as provided by law or specify any other lien or restriction as the court may direct), at public auction, on the premises on December 18, 2010 unless, at or before that time, the sum above found to be due upon the mortgage debt, with interest from the date of this judgment, reasonable costs taxed, such expenses for advertising and for the services of the committee as may have been incurred at the date of such payment, and the cost of the appraisal hereinafter directed, if previously made and returned, all as taxed by the clerk, be paid to the plaintiff, in which case the sale shall not take place;  that the committee shall advertise such sale by newspaper advertising and by erecting a sign on the premises on or before November 18, 2010;  that the committee may obtain liability insurance protection for the premises;  that the purchaser, unless it be the plaintiff, shall deposit with the committee at the time of the sale $25,000 cash or a certified check or bank check, the balance to be paid within 20 days after the approval of the sale upon tender of the deed, (and that the deposit be forfeited if the purchaser shall default in completing the transaction);  that when such sale shall have been made, the committee shall execute and submit for the approval of this court a conveyance of the premises to the purchaser, and make a return of his doings and bring the proceeds of the sale into court;  that one disinterested person, is appointed to appraise the property under oath and make return of the appraisal to the clerk of this court on or before November 18, 2010;  and that the plaintiff shall be allowed his costs, including the expenses of the sale and appraisal, to be taxed and paid out of the proceeds of the sale and if the plaintiff is the purchaser at the sale, he shall pay to the committee only the expenses of the sale or so much of the proceeds as exceeds his judgment, interest, attorneys fee and costs;  whichever is the greater.

No Expenses to be incurred by the committee until November 1, 2010.

4. Judgment is entered in favor of the plaintiff on all counts of the defendant's counterclaim.

SO ORDERED.

KARAZIN, J.

JUDGE TRIAL REFERE

Karazin, Edward R., J.T.R.