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Error to Allow Foreclosure by Sale During 10 Days After Termination of a Stay of Execution

March 27th, 2009

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Case:  X First Conn. Capital v. Homes of Westport (AC 28991) February 2009

Court:  Connecticut Appellate Court

Trial Court:  Stamford - Norwalk

Synopsis:  Conn. Practice Book § 61-14 provides that upon appeal the execution of an order of the court terminating a stay of execution shall be stayed for ten days from the issuance of notice of the order.  The foreclosure court erred by ordering that the stay of execution would not go into effect.  It was thus error for the foreclosure by sale to occur within the ten days

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROap/AP112/112AP165.pdf

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