Collection of water/sewer assessment, by attorney representing the Town. Stating "... property may be SLATED FOR PUBLIC AUCTION ... "

[larrybatta]

What is the name of your state?CT

 

[PayrollHRGuy]

I'm sure you have a question and I can guess what it is but I hate to guess and most of the other volunteers here do as well.

But if you have received a letter I suggest you respond to it.

 

[quincy]

Here is a link to Connecticut's municipal sewerage systems:
https://www.cga.ct.gov/current/pub/chap_103.htm
You can check out the legal recourses available to municipalities when water and sewer bills go unpaid.

Unfortunately, one collection method used by municipalities when warning letters are ignored, and payment arrangements are not made, is to foreclose on a homeowner's home - and these foreclosures are often over relatively small sums of money that have been allowed to grow with the addition of late fees, attorney fees, and high rates of interest.

If your house is scheduled for a foreclosure auction, you have NO time to waste. Contact charitable organizations, family and/or friends to raise money to pay what is owed and/or contact the municipality to arrange for payments, to save your house.

I know your legislature has tried to address the problem of foreclosures over unpaid water and sewer bills but I don't know the current status of bills previously introduced.

If you have a question other than the one implied by your thread title, I hope you can return to the forum to ask it.

 

[LdiJ]

Here is a link to Connecticut's municipal sewerage systems:
https://www.cga.ct.gov/current/pub/chap_103.htm
You can check out the legal recourses available to municipalities when water and sewer bills go unpaid.

Unfortunately, one collection method used by municipalities when warning letters are ignored, and payment arrangements are not made, is to foreclose on a homeowner's home - and these foreclosures are often over relatively small sums of money that have been allowed to grow with the addition of late fees, attorney fees, and high rates of interest.

If your house is scheduled for a foreclosure auction, you have NO time to waste. Contact charitable organizations, family and/or friends to raise money to pay what is owed and/or contact the municipality to arrange for payments, to save your house.

I know your legislature has tried to address the problem of foreclosures over unpaid water and sewer bills but I don't know the current status of bills previously introduced.

If you have a question other than the one implied by your thread title, I hope you can return to the forum to ask it.

The whole idea of a home foreclosure for not paying a water and sewer bill seems very odd to me. What I am familiar with, in the states I am familiar with it works like any other utility bill. If you don't pay, the water gets shut off and you have to pay in full plus a deposit to get it turned back on.

I don't understand why a foreclosure action would even be cost effective for the water company. However, if the state in question does not permit a water utility from shutting off the water, then possibly it would make sense.

 

[quincy]

The whole idea of a home foreclosure for not paying a water and sewer bill seems very odd to me. What I am familiar with, in the states I am familiar with it works like any other utility bill. If you don't pay, the water gets shut off and you have to pay in full plus a deposit to get it turned back on.

I don't understand why a foreclosure action would even be cost effective for the water company. However, if the state in question does not permit a water utility from shutting off the water, then possibly it would make sense.

Connecticut does not allow water shut-offs.

 

[not2cleverRed]

The whole idea of a home foreclosure for not paying a water and sewer bill seems very odd to me. What I am familiar with, in the states I am familiar with it works like any other utility bill. If you don't pay, the water gets shut off and you have to pay in full plus a deposit to get it turned back on.

I don't understand why a foreclosure action would even be cost effective for the water company. However, if the state in question does not permit a water utility from shutting off the water, then possibly it would make sense.

Unless Connecticut is one of the states you are familiar with, then your post contributes nothing to this discussion.

Quincy has included a link to the relevant area of law.

According to CT law (Sec. 7-258. Delinquent charge for connection or use. Lien. Assignment of liens.), a lien, that takes precedence over all other liens on the property, except for property taxes, and if one lets things go long enough, the municipality can get its $ by foreclosing on the property.

 

[quincy]

Unless Connecticut is one of the states you are familiar with, then your post contributes nothing to this discussion. ...

And, apparently, LdiJ is not even very familiar with her own state's laws.

In Indiana, like in Connecticut, homeowners can face foreclosure on their homes for failing to pay their water and sewer bills.

 

[LdiJ]

And, apparently, LdiJ is not even very familiar with her own state's laws.

In Indiana, like in Connecticut, homeowners can face foreclosure on their homes for failing to pay their water and sewer bills.

Please give a cite.

 

[quincy]

Sure. But first, my apologies to larrybatta for this brief hijack of his thread. The following is on Indiana and not Connecticut.

Indiana Code Title 36, Article 9, Chapter 23, Municipal Sewage Works (check 36-9-23-24): https://law.justia.com/codes/indiana/2018/title-36/article-9/chapter-23/

Indiana Supreme Court opinion in Pinnacle Properties Development Group, LLC v. City of Jeffersonville, Indiana:
https://caselaw.findlaw.com/in-supreme-court/1196704.html

 

[LdiJ]

Sure. But first, my apologies to larrybatta for this brief hijack of his thread. The following is on Indiana and not Connecticut.

Indiana Code Title 36, Article 9, Chapter 23, Municipal Sewage Works (check 36-9-23-24): https://law.justia.com/codes/indiana/2018/title-36/article-9/chapter-23/

Indiana Supreme Court opinion in Pinnacle Properties Development Group, LLC v. City of Jeffersonville, Indiana:
https://caselaw.findlaw.com/in-supreme-court/1196704.html

The case law you cited does a better job of explaining the overall situation. Yes, it does appear that the law allows for a foreclosure for unpaid sewer bills. However, if it actually happens in practice its not at the individual level. I have lived in Indiana all of my life and I have never heard of the practice at all. The case law also outlines the steps which are:

Shut off the water
After 60 days apply the deposit to the unpaid fees
Sue for the unpaid balance plus attorney fees
Place a lien against the property
Foreclose on the property

On the individual level they send it to collections if they don't have a deposit to cover the fees. Apparently Jefferson City sends the bills to landlords if the tenants don't pay.

 

[quincy]

The case law you cited does a better job of explaining the overall situation. Yes, it does appear that the law allows for a foreclosure for unpaid sewer bills. However, if it actually happens in practice its not at the individual level. I have lived in Indiana all of my life and I have never heard of the practice at all. The case law also outlines the steps which are:

Shut off the water
After 60 days apply the deposit to the unpaid fees
Sue for the unpaid balance plus attorney fees
Place a lien against the property
Foreclose on the property

On the individual level they send it to collections if they don't have a deposit to cover the fees. Apparently Jefferson City sends the bills to landlords if the tenants don't pay.

It is also at the "individual level" that foreclosure notices are sent. The case I cited explained the legal ways a water and sewer department can collect on overdue bills. Foreclosure is one of those ways.