CIT Small Bus Lending Corp v. Sayers et al

Filing 116

ORDER AND JUDGMENT OF STRICT FORECLOSURE: granting 105 Motion for Judgment. Signed by Judge Janet C. Hall on 4/2/2015. (Lewis, D)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
READYCAP LENDING, LLC,
Plaintiff,
v.
CARL R. SAYERS, et al.,
Defendants.

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CIVIL ACTION NO.
3:13-CV-886 (JCH)

APRIL 2, 2015

ORDER AND JUDGMENT OF STRICT FORECLOSURE
Based on the record before it, this court finds that the value of the property
described in Schedule A of the Mortgage (i.e., “All that certain real property, situated in
the City of Danbury, County of Fairfield and State of Connecticut, being shown and
designated on a certain map entitled ‘Map Prepared for Estate of Senta Sayers
Danbury, Connecticut’ dated December 16, 2004 made by New England Land
Surveying, P.C., and on file in the Danbury Town Clerk’s Office as Map No. 12125”) is
$450,000, which is less than the debt owed by CARL R. SAYERS and SUZANNE P.
SAYERS to READYCAP LENDING, LLC. The court finds that the judgment debt as of
April 1, 2015, is $1,907,540.63. Accordingly, after judgment against Carl and Suzanne
Sayers, this court orders a judgment of strict foreclosure against the defendants.
In addition to the debt owing to the plaintiff by the defendant, the court awards
the following costs:
(1) Appraisal fee, $2,000.00 and (2) Attorneys’ fees, $83,789.79,1 for a total of
$85,789.79.

1

This includes the fees submitted by Attorney Arnone and part of the fees submitted by Attorney
Sweeney. The court reduces the attorney’s fees in one respect. Specifically, the court reduces the

The total judgment awarded, therefore, is $1,993,330.42. A judgment of strict
foreclosure shall enter forthwith in favor of ReadyCap Lending, LLC. A law day in favor
of Carl and Suzanne Sayers shall be set for July 1, 2015, following which defendants
Carl and Suzanne Sayers shall have no further rights or claims, whether at law or in
equity, in or to the Property, and shall forthwith surrender the same to ReadyCap
Lending, LLC, and, upon their failure to do so, an order of ejectment may summarily
issue.
Consequently, and as a result of the foregoing, absent redemption of the
property by Carl and Suzanne Sayers pursuant to the terms hereof, full and absolute
title in and to the Property shall vest in ReadyCap Lending, LLC, on July 2, 2015.
Assuming that a motion for deficiency judgment is filed by July 23, 2015, the
hearing thereof shall be set for September 8, 2015 at 10:00 a.m., in U.S. District Court,
Courtroom 1, 141 Church Street, New Haven, Connecticut.
SO ORDERED.
Dated at New Haven, Connecticut this 2nd day of April, 2015.

/s/ Janet C. Hall
Janet C. Hall
United States District Judge

former plaintiff’s attorney’s fees by $3,552.72 because he did not submit a corresponding invoice.
Paragraph 5 of the Affidavit indicates that Exhibit 8 contains such an invoice, but Exhibit 8 is a duplicate
of Exhibit 9.
The court also notes that the former plaintiff’s attorney represented that he gave his client a 10%
discount on his hourly rate. See Sweeney Aff. (Doc. No. 113) ¶ 8. Unlike the rest of the invoices
submitted, Exhibit 3 to his Affidavit does not include such a discount. However, that invoice reflects that
more than 10% of the time recorded was not billed. Therefore, the court does not reduce the fee shown
on Exhibit 3.