U.S. Bank National Association, As Trustee v. Nadiezhda Sazanovitch et al (2010)

ORDER

The defendant, Nadiezhda Sazanovitch's, application for protection from foreclosure (# 104) is hereby denied.

1. The defendant has failed to prove that she is unemployed or underemployed as defined in Conn. Gen.Stat. § 49-31d.   The defendant has submitted insufficient evidence of earnings as required under subsection (b) and has further failed to provide evidence of her present effort to seek employment.

2. The defendant has failed to prove that she is able to make timely payments during the restructuring period.   The defendant's unemployment benefits terminate in January 2011 and the rental agreements with the tenants were speculative at best and, furthermore, the amount of the restructured debt shall exceed 90% of the fair market value of the property and shall further exceed the amount of the mortgage debt in violation of Conn. Gen.Stat. § 49-31i(b).

Devine, J.

Devine, James J., J.