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Christopher G Brown
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Christopher Brown’s Answers

93 total


  • CT HELOC: Are HELOC's Required to be recorded on property records? What happens with HELOCs in Foreclosure process?

    It seems that HELOC's are often used to 'strip equity' in Refinance/subsequent Foreclosure situations (on the first position) that has gone through a sketchy judicial process to-date. Are there situations where HELOC's are NOT recorded? What, and ...

    Christopher’s Answer

    In my view, it is highly unlikely that a legitimate lender would enter into a HELOC agreement and then not record the HELOC instrument. This is because recording protects that lender by putting the world on notice of the lender's interest in the property, which protects the priority of its interest. "Mistake" is the only explanation I can see for failing to record a HELOC. As for title insurance, one of its main functions is to compensate the policy holder if it turns out the policy holder does not have the property interest it thought it had. If, for example, Buyer's title insurance policy says there are no mortgages or liens on the property and someone later proves there is, the title policy's terms, conditions and exceptions to coverage will determine whether the insurer must compensate Buyer.

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  • Will a lawyer be able to help me recover my assets?

    My investment adviser had a specialized fund that I had invested in. I received a notification that the fund manager has been indicted for fraud by the SEC. The fund has suspended trading and all assets have been frozen. Will a lawyer be able t...

    Christopher’s Answer

    As some of the other attorneys have said, the general answer is yes, an attorney can help an investor try to recover their investment when the SEC shuts down an advisor/investment vehicle. More information is necessary to determine whether you might benefit from retaining one. I think you should contact an attorney to discuss the specifics of your situation.

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  • Bank did not get assignment of note until 6 months after they sued me for foreclosure. Can I get the complaint dismissed?

    Bank-A (BoA) sued me 4 yrs ago; 1 yr ago flipped note to bank-B, substituted plaintiff. Submitted motion for summary judgment, I found in their exhibits that bank-A got the note assignment from MERS (nominee for C/wide) notarized 6 months after t...

    Christopher’s Answer

    I'm not creating an attorney-client relationship by responding to your post. I'm limited by ethical rules from doing any other than giving you some generalized educational information. Here goes: There is a CT statute, CGS 49-17, that essentially says whoever has the right to receive the money has the right to foreclose the mortgage even if that person is not the record mortgagee. In other words, if you have the right to receive the money on the date the foreclosure lawsuit commences, it does not matter whether you have recorded in the land records an assignment of mortgage to you or whether one even exists. Whether and how the note was endorsed is among several factors that can play into whether someone has the right to receive the money.

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  • Original Lender Won't Release Title to finalize Loan Modification.

    Have been trying to get approved for a loan modification the past 13 months. All trial payments have been on time and never thought a title would be a problem. According to the loan servicer,, the original lender will not release the title. I tel...

    Christopher’s Answer

    I think you need to talk to a foreclosure defense lawyer. I do a lot of this work and I do not understand what you mean when you say the original lender won't "release title." It does not make sense to me, which has me wondering whether someone told you the wrong thing or that you misinterpreted what was said.

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  • Trying to buy a house in Brooklyn,NY 11236, seller holding my down payment, stalls and will not close. Can I take it back?!

    We signed a contract in January and STILL haven't closed.The seller keeps on stalling. The seller has debts totaling around $260,000 as found by the title examination. Can he really do this? Can he withhold my down payment, without allowing us to ...

    Christopher’s Answer

    You should ask the lawyer representing you in the transaction. In my experience, sellers often initially refuse to return the deposit even though they know they really should. They do this on the theory that the buyer will accept less than the full deposit if the buyer thinks it will have to spend money on a lawyer to litigate to get the full deposit back.

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  • What steps should be taken when a CPA commits fraud and how long is the statute of limits?

    I recently was involved in litigation where a CPA was appointed to evaluate a business for a settlement by a judge. The CPA ended up allowing the business owner to evaluate his own business. I am distraught. What steps should I take and how l...

    Christopher’s Answer

    Talk to the lawyer representing you in the litigation.

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  • Is it harassment to take a picture of another employee sleeping on the job to show my supervisor?

    I was wrote up for harassment and inappropriate conduct and had my raise revoked because i took a picture of another employee sleeping on the job

    Christopher’s Answer

    There has to be more to it than you describe. I suspect that you did more with the picture than just show your supervisor.

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  • Connecticut landlord question about deposit

    Lived here for three years with roommate. im moving out of state to CA.As of 5/31/11 the lady who runs the complex is saying that they will NOT issue two different checks. Can they do this? I just received an email from my roommate whos been out ...

    Christopher’s Answer

    You don't say whether there is a lease or, if there is, whether you signed it. Assuming there is a lease and you signed it, it might address what happens to the security deposit if one of you moves out early. If not, the landlord likely can retain the entire security deposit until the lease expires. Of course, the answer could be different if there is no lease or you're not on it.

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  • Our bankruptcy will be discharged 2 years this summer. I got a copy of my credit report and see that or mortgages are reporting

    as "included in bk" although we have been making payments on time. When I called the lenders I was told it's because a reaffirmation agreement was not filed. I called my atty and he said it was not necessary to sign one and that means we can wal...

    Christopher’s Answer

    When you take a mortgage loan, you make yourself personally liable to repay the debt and you make your house liable to repay the debt. If you default on the loan and the house is not worth enough to fully repay the debt, you remain personally liable for the difference, which is called a deficiency. The bankruptcy discharge relieves you of personal liability for the debt and for any deficiency. It does not relieve the house of liability. The bank can still foreclose and take the house even though it cannot collect anything from you personally. The reason the banks haven't taken your house is because you continued to pay the debt. I suspect that they reported the mortgages as "included in bk" to convey that even though the debts were discharged you continued to pay, which is more positive than an indication that you were discharged and did not pay. It is difficult to predict what the banks will report to the credit agencies if you were to stop paying the mortgages but I suspect it will be more negative than what they are now reporting.

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  • How much I am going to pay for arbitration proceeding before private arbitrator?

    Instead of going directly to court for litigation, I want to bring my case before the private arbitrator in order to save cost of litigation. But I know private arbitrator requires payment for their services. Since I have no idea as the their fees...

    Christopher’s Answer

    In addition to paying the arbitrator(s), you will also likely have to pay a filing fee, which in my experience is often more than a court filing fee. Another thing you will have to consider is whether your defendant(s) will agree to arbitration or there is a statute compelling them to arbitrate. If it is a contractual matter, the contract might specify whether disputes are resolved by arbitration.

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