I am not a Lawyer. I am not Phil's Lawyer. Thank God I am not Phil's Lawyer.
Connecticut is one of two states that allows a lender to apply for a "Strict" Foreclosure - instead of selling a property and coming after a Defendant for the balance after the fact, Midfirst can have a certified appraisal approved and validated against an affidavit of debt, plus or minus fees.
Midfirst already had motions for default approved against both Phil and the Deerfield Woods Condominium Association - Phil can't argue that the foreclosure is invalid beyond his right to pay them what the judge approves, and Deerfield can't come after Midfirst for any unpaid HOA fees (They can, however, come after Phil. If you don't believe his ahnesty that he's paying those).
If a "Strict" Foreclosure is approved, Phil's going to owe the Equity balance plus the fees in 8/9/10 of the Foreclosure Worksheet:
- Equity: -$24,242.72 plus $14.6414 per day starting 5/10, from the Affidavit of Debt
- Attorney's Fees: -$3,000 - You may see $3325 on the Foreclosure worksheet, this assumes a Foreclosure by Sale - if Midfirst can't get a Strict Foreclosure, they'll sell it for whatever they can and tack on a few hundred bucks for sale paperwork. Considering the market in New England right now, Phil should be crossing his hooves for this - just consider the 2 appraisals 6 months apart to realize how crazy the market is up here right now.
- Appraisal and Title Fees: -$1,565 - This is just part and parcel for selling any property, this would be part of the foreclosure whether or not Phil decided to buy his own Condo back.
The long and short is that Midfirst has asked the Connecticut Superior Court to approve a $28,807.72 Judgement against Phil for the sale of the CT Condo. Even if they deny that, Midfirst can sell at a Foreclosure Auction - Phil will have to pay the difference between the sale price and $119.132.72. By defaulting last May, Phil has forfeited his right to dispute these numbers. Additionally, Phil is liable for any HOA fees he failed to pay to Deerfield Woods.