Opinion
No. WWM CV 09-6000632-S
February 8, 2011
MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR DEFICIENCY JUDGMENT
A judgment of strict foreclosure having entered in this action on January 11, 2010, and the court having set law days for the owners of the equity and subsequent encumbrancers, and the owners and other parties having failed to redeem, said case came thence to June 30, 2010, when the plaintiff filed a Motion for Deficiency Judgment, and thence to February 7, 2011, when the plaintiff appeared for hearing on the motion but the defendants did not attend.
The court having heard the evidence, finds as follows: that title to the subject premises vested in the plaintiff on June 9, 2010. The plaintiff's claim consists of the judgment debt as of the date of judgment of strict foreclosure of $85,895.40, plus attorneys fees awarded by the court as of the date of judgment of $2,200 plus appraiser's fees of $350, plus a title search fee of $225, plus other costs in the amount of $697.80 plus interest from the date of judgment to the date of title vesting (149 days at $13.51 per day) of $2,012.99, plus $750 in additional attorneys fees and $300 in additional appraiser's fees, for a total of $92,431.19. The request for statutory post-judgment interest is denied. The court finds the fair market value of the property as of the date title vested to be $75,000. Therefore, the deficiency is $17,431.19.
For all of the foregoing reasons, a deficiency judgment shall enter in favor of the plaintiff, Jewett City Savings Bank and against the defendants, John H. Meagher, Jr. and Robbie J. Meagher, in the amount of $17,431.19. The defendants are further ordered to make weekly payments of $35 per week to the plaintiff commencing March 18, 2011.