On November 06, 2023 a
Party Statement
was filed
involving a dispute between
Ge Employees Federal Credit Union,
and
Giuseppe Diiorio The Unknown Successor Trustee Of The Estate Of,
Salvatore Diiorio,
State Of Connecticut, Department Of Revenue Services,
for P00 - Property - Foreclosure
in the District Court of Fairfield County.
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SUPERIOR COURT
DOCKET NO: FST-CV -23 -6063925-3 JUDICIAL DISTRICT
OF STAMFORD-NORWALK
AT STAMFORD
GE EMPLOYEES FEDERAL CREDIT
UNION
VS.
SALVATORE DIIORIO, et. al.
AFFIDAVIT REGARDING ATTORNEYS' FEES
Personally appeared 'fli S. Suoners who being duly swom,
hereby deposes and says:
A. I am employed as an attorney by Brock & Scott, PLLC (the "Firm"), attorneys for the
Plaintiff in the above captioned matter. The Firm has represented mortgage servicers and lenders
in foreclosure matters for over 25 years and has concentrated its practice primarily in the area of
mortgage default legal services. A statement of the fees requested, a description of the services
rendered, and a description of the nature and extent of the fees sought follows:
B. Below are tasks performed by employees of the Firm in connection with the prosecution
of this foreclosure action, with estimates of the time required for the tasks:
1) Review of client's foreclosure referral, including loan and servicing documents
included with same, and client's action request (including review notice of default
compliance, EMAP compliance, and copy of note), obtain title search, obtain
original documents, complete SCRA and Pacer searches, and prepare and mail the
FDCPA validation notice. (1.5 hours)
2) Review of title search; preparation and review of lis pendens, summons, and
complaint, review related documents required to be served with the Complaint;
forward summons, complaint and attendant documents to Marshal for service;
coordinate recording of lis pendens; complete SCRA and Pacer searches; e file
complaint, order gap title search to cover period between the date of the title
search and the filing of the lis pendens. (5.0 hours)
3) Review of marshal's return of service, review gap title search. (0.5 hours)
4) Numerous reporting to client regarding status and communication with various
parties regarding the action. (3.0 hours)
s) Preparation and review of affidavit of debt and communication with client
regarding execution ofaffidavit; order appraisal and review appraisal and
appraiser's oath when received. (2.0 hours)
6) Reviews of status of file; review status of appearances, monitor for filing of
request for mediation; review original documents or evidentiary substitutes
therefore and effectuate bailment or custody over the original documents; prepare
and review default motions, motion for judgment, proposed list of order of law
days, EMAP Affidavit and related documents to be filed in connection with
motion for judgment; certifo and e file a1l motions and documents per the Practice
Book. (4.0 hours)
7) Review and file Preliminary Statement of Debt; review and preparation of file for
judgment hearing, including preparation of the Foreclosure Worksheet and
attorneys'fee affidavit; certi8i and e file all documents necessary for judgment;
complete SCRA and Pacer searches, transmit all documentation used at judgment
to client and attend foreclosure judgment hearing. (6.0 hours)
(Sub-Total : 22.0 hours)
C. We anticipate that after entry ofjudgment the following additional tasks will be required
(based on the form ofjudgment entered by the Court), with estimates of the time that will be
required for those tasks based on our extensive experience as foreclosure counsel):
Specificallv. re Strict Foreclosure
8) Complete and transmit to client SCRA and Pacer searches. (0.5 hours)
9) Preparation and review of post judgment notices. (0.7 hours)
10) Order IRS gap title search and review of the same to confirm no IRS lien present
post lis pendens that would require special IRS notice. (0.5 hours)
11) Preparation of Certificate of Foreclosure and related work in connection with
vesting of title. (1.0 hours)
12) Transmit all documents to client; prepare and transmit chronology report to client.
(1.5 hours)
(Sub-Total additional for strict foreclosure: 4.2 hours)
Specifically, re Foreclosure by Sale
13) Complete and transmit to client SCRA and Pacer searches. (0.5 hours)
14) Preparation and review of post judgment notices. (0.7 hours)
15) Communications with Committee for Sale. (1.0 hours)
16) Communications with client regarding sales issues and bid and review of bid.
(1.0 hours)
17) Communications regarding sale results and review of Committee's report, motions
and related documents; monitor for Court's orders on Committee's motions. (1.0
hours)
18) Monitor for closing by Committee with successful third-party bidder or arange
for pa1'ment of Committee's fees and expenses and closing with Committee to
obtain Committee Deed and related documentation if Plaintiff is the successful
bidder. (1.0 hours)
i9) Preparation of Motion for Supplemental Judgment. (1.0 hour)
20) Transmit documents to client; prepare and transmit chronology report to client.
(1.5 hours)
(Sub-Total additional for foreclosure by sale: 7.7 hours)
D. In addition to the tasks set forth in paragraph B above, employees of the Firm may have
performed additional tasks as reflected by the docket for this action, which reflects additional
work performed. Unless specifically referenced below, no additional fees are being requested
for such work, but the tasks are referenced here as further evidence of the reasonableness of the
fees requested.
E. The Firm's fee agreement relative to this action provides for payment of attomeys' fees at
a flat fee of $3750.00 plus if a foreclosure sale is ordered an additional $300.00 for the work set
forth above in paragraphs B, C and D. Our client has agreed to compensate us for the work set
forth above in paragraphs B, C and D on the stated flat fee basis.
F. In addition to the tasks set forth above in paragraphs B, C, and D, the following work has
been performed for additional compensation:
Item I Fee
None
G. The Firm's fee agreement relative to this action further provides for additional
compensation for additional services relating to this case. Our client has agreed to compensate
the Firm as set forth for the additional work listed in paragraph F.
a
H. Based on the foregoing, and in conjunction with the Court's general knowledge of what
would be reasonable compensation for attomey's fees, we are requesting a fee of $31750.00 if a
judgment of strict foreclosure enters and $4,050.00 if a judgment of foreclosure by sale enters.
Dated tglPLa>,-l q
Employer: BrJck & Siott'PLLC rrane S. Summers ,Attorney
Subscribed to and swom before me in Farmington, CT on
)0
Generas
Court
Document Filed Date
March 14, 2024
Case Filing Date
November 06, 2023
Category
P00 - Property - Foreclosure
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SUPERIOR COURT DOCKET NO: FST-CV -23 -6063925-3 JUDICIAL DISTRICT OF STAMFORD-NORWALK AT STAMFORD GE EMPLOYEES FEDERAL CREDIT UNION VS. SALVATORE DIIORIO, et. al. AFFIDAVIT REGARDING ATTORNEYS' FEES Personally appeared 'fli S. Suoners who being duly swom, hereby deposes and says: A. I am employed as an attorney by Brock & Scott, PLLC (the "Firm"), attorneys for the Plaintiff in the above captioned matter. The Firm has represented mortgage servicers and lenders in foreclosure matters for over 25 years and has concentrated its practice primarily in the area of mortgage default legal services. A statement of the fees requested, a description of the services rendered, and a description of the nature and extent of the fees sought follows: B. Below are tasks performed by employees of the Firm in connection with the prosecution of this foreclosure action, with estimates of the time required for the tasks: 1) Review of client's foreclosure referral, including loan and servicing documents included with same, and client's action request (including review notice of default compliance, EMAP compliance, and copy of note), obtain title search, obtain original documents, complete SCRA and Pacer searches, and prepare and mail the FDCPA validation notice. (1.5 hours) 2) Review of title search; preparation and review of lis pendens, summons, and complaint, review related documents required to be served with the Complaint; forward summons, complaint and attendant documents to Marshal for service; coordinate recording of lis pendens; complete SCRA and Pacer searches; e file complaint, order gap title search to cover period between the date of the title search and the filing of the lis pendens. (5.0 hours) 3) Review of marshal's return of service, review gap title search. (0.5 hours) 4) Numerous reporting to client regarding status and communication with various parties regarding the action. (3.0 hours) s) Preparation and review of affidavit of debt and communication with client regarding execution ofaffidavit; order appraisal and review appraisal and appraiser's oath when received. (2.0 hours) 6) Reviews of status of file; review status of appearances, monitor for filing of request for mediation; review original documents or evidentiary substitutes therefore and effectuate bailment or custody over the original documents; prepare and review default motions, motion for judgment, proposed list of order of law days, EMAP Affidavit and related documents to be filed in connection with motion for judgment; certifo and e file a1l motions and documents per the Practice Book. (4.0 hours) 7) Review and file Preliminary Statement of Debt; review and preparation of file for judgment hearing, including preparation of the Foreclosure Worksheet and attorneys'fee affidavit; certi8i and e file all documents necessary for judgment; complete SCRA and Pacer searches, transmit all documentation used at judgment to client and attend foreclosure judgment hearing. (6.0 hours) (Sub-Total : 22.0 hours) C. We anticipate that after entry ofjudgment the following additional tasks will be required (based on the form ofjudgment entered by the Court), with estimates of the time that will be required for those tasks based on our extensive experience as foreclosure counsel): Specificallv. re Strict Foreclosure 8) Complete and transmit to client SCRA and Pacer searches. (0.5 hours) 9) Preparation and review of post judgment notices. (0.7 hours) 10) Order IRS gap title search and review of the same to confirm no IRS lien present post lis pendens that would require special IRS notice. (0.5 hours) 11) Preparation of Certificate of Foreclosure and related work in connection with vesting of title. (1.0 hours) 12) Transmit all documents to client; prepare and transmit chronology report to client. (1.5 hours) (Sub-Total additional for strict foreclosure: 4.2 hours) Specifically, re Foreclosure by Sale 13) Complete and transmit to client SCRA and Pacer searches. (0.5 hours) 14) Preparation and review of post judgment notices. (0.7 hours) 15) Communications with Committee for Sale. (1.0 hours) 16) Communications with client regarding sales issues and bid and review of bid. (1.0 hours) 17) Communications regarding sale results and review of Committee's report, motions and related documents; monitor for Court's orders on Committee's motions. (1.0 hours) 18) Monitor for closing by Committee with successful third-party bidder or arange for pa1'ment of Committee's fees and expenses and closing with Committee to obtain Committee Deed and related documentation if Plaintiff is the successful bidder. (1.0 hours) i9) Preparation of Motion for Supplemental Judgment. (1.0 hour) 20) Transmit documents to client; prepare and transmit chronology report to client. (1.5 hours) (Sub-Total additional for foreclosure by sale: 7.7 hours) D. In addition to the tasks set forth in paragraph B above, employees of the Firm may have performed additional tasks as reflected by the docket for this action, which reflects additional work performed. Unless specifically referenced below, no additional fees are being requested for such work, but the tasks are referenced here as further evidence of the reasonableness of the fees requested. E. The Firm's fee agreement relative to this action provides for payment of attomeys' fees at a flat fee of $3750.00 plus if a foreclosure sale is ordered an additional $300.00 for the work set forth above in paragraphs B, C and D. Our client has agreed to compensate us for the work set forth above in paragraphs B, C and D on the stated flat fee basis. F. In addition to the tasks set forth above in paragraphs B, C, and D, the following work has been performed for additional compensation: Item I Fee None G. The Firm's fee agreement relative to this action further provides for additional compensation for additional services relating to this case. Our client has agreed to compensate the Firm as set forth for the additional work listed in paragraph F. a H. Based on the foregoing, and in conjunction with the Court's general knowledge of what would be reasonable compensation for attomey's fees, we are requesting a fee of $31750.00 if a judgment of strict foreclosure enters and $4,050.00 if a judgment of foreclosure by sale enters. Dated tglPLa>,-l q Employer: BrJck & Siott'PLLC rrane S. Summers ,Attorney Subscribed to and swom before me in Farmington, CT on )0 Generas Court