Mark Sank & Associates, LLC Connecticut Business Collections Lawyer | Stamford Estate Planning Attorney | Greenwich CT Probate Law Firm 2026-04-01T10:12:07Z https://www.marksank.com/feed/atom/ WordPress /wp-content/uploads/sites/1603140/2021/11/cropped-site-icon-32x32.jpg On Behalf of Mark Sank & Associates, LLC <![CDATA[What is the disclosure rule when buying a house in Connecticut?]]> https://www.marksank.com/?p=48243 2026-04-01T10:12:07Z 2026-04-01T10:12:07Z Why a disclosure matters State law mandates sellers of residential property to provide a written residential property condition disclosure report. This must inform you that the seller has knowledge of environmental hazards on the property, such as lead paint, molds and asbestos. Addressing this issue is important, as it can result in soil vapor intrusion or groundwater contamination that could impact your family’s health and long-term property value.

When rescinding a contract is possible

Can a seller fail to provide the required disclosures before contract signing? Unfortunately, this happens, but you are not without options. If a seller fails to provide the required notice, the buyer is entitled to a $500 credit at closing. However, this failure does not legally trigger an automatic right to rescind the contract or a guaranteed return of the deposit.

How legal guidance can help in property transactions

Buying your first family home can be exciting, but proceeding without due diligence can put you at risk. Before you sign the agreement, seeking legal advice from an attorney is wise. They can review the contract and provide suggestions to strengthen your protections in case complications arise in the future.]]> On Behalf of Mark Sank & Associates, LLC <![CDATA[Top mistakes landlords make when handling evictions]]> https://www.marksank.com/?p=48241 2025-12-29T14:34:17Z 2025-12-29T14:34:17Z When a tenant neglects their duties, landlords turn to eviction because it feels straightforward. However, in Connecticut, the smallest errors can delay the process and increase legal risks for the property owner. Landlords may be able to minimize risks by avoiding the most common mistakes property owners make.

Mistake 1: Skipping or mishandling the notice to quit

Connecticut courts require landlords to serve tenants a written notice to quit before starting an eviction case. This notice needs to use specific wording and must indicate the legal reason for the eviction. If the notice does not meet the court's standards, the court might dismiss the case. A dismissal means the landlord has to start over and lose weeks of rent. Restarting the process also incurs costs in the form of refiling and court fees.

Mistake 2: Taking informal or self-help actions

Some landlords think that they can drive out tenants anytime because they own the property. There are landlords who lock tenants out, shut off the heat or water and even pressure the renter to leave. But Connecticut law treats these actions as illegal self-help evictions. If a landlord wants to evict a tenant, they have to go through the right process. Once the eviction is approved, a marshal with a court order from a judge can evict the tenant legally.

Mistake 3: Overlooking documentation and timelines

Courts rely on records and not assumptions. They will not approve an eviction based on hearsay and personal accounts. Judges look closely at leases, payment histories and even law violations. Without documentation, a landlord’s position weakens. The landlord may refile immediately, but without the necessary evidence, the risk of dismissal remains high. It may be helpful to get help from an eviction lawyer who understands the process thoroughly and can minimize filing errors.

Protecting landlord rights

Even though landlords own their properties, they are still bound by laws governing landlord-tenant relationships. Property owners need to understand that ownership does not exempt them from following legal procedures. Awareness of legal obligations helps landlords avoid potential disputes and legal issues, protecting their investments effectively.]]> On Behalf of Mark Sank & Associates, LLC <![CDATA[4 contract clauses that make collecting debts easier]]> https://www.marksank.com/?p=48239 2025-09-29T16:20:52Z 2025-09-29T16:20:52Z 1. A clear definition of default Your contract should leave no room for ambiguity. It needs to clearly define what constitutes a default on payment, such as when an invoice is more than 30 days late. The clause should also specify the immediate consequences, like the accrual of interest or late fees. It is important that any interest rate specified complies with Connecticut law to be enforceable.

2. A dispute resolution clause

This powerful clause determines where and how a lawsuit will be handled. It should specify that any legal action must take place in a specific location, such as "the courts of Fairfield County, Connecticut." This prevents you from having to travel to another state to sue a client. It also defines which state's laws will govern the contract, providing certainty and making the process more efficient.

3. An attorney fees provision

Connecticut follows the standard “American Rule,” which means each party in a lawsuit typically pays for its own legal fees, regardless of who wins. This can make pursuing a smaller debt financially impractical. However, a “prevailing party” attorney fees clause in your contract can override this. This provision states that if you must sue to collect a debt and you win, the debtor is responsible for reimbursing your reasonable legal costs.

4. A personal guarantee

When you are working with a new or small business, such as an LLC, consider including a personal guarantee in your contract. This is a provision signed by the business owner as an individual, stating that if the business cannot pay the debt, they are personally responsible. When drafted correctly, personal guarantees are generally enforceable in Connecticut courts, adding a significant layer of security for you.

Proactive protection for your business

A strong contract is a fundamental part of protecting your business’s financial health. Taking the time to ensure your agreements are built to protect your rights as a creditor is a wise investment. If your business is facing challenges with unpaid accounts, consider speaking with an experienced collections attorney to understand your legal options.]]> On Behalf of Mark Sank & Associates, LLC <![CDATA[Facing foreclosure? 3 steps homeowners can take]]> https://www.marksank.com/?p=48238 2025-07-07T10:18:19Z 2025-07-07T10:18:19Z Review every notice you receive Foreclosure notices include deadlines that affect your next steps. You may receive documents such as:
  • A letter confirming missed payments
  • A notice demanding full repayment
  • A court summons to begin foreclosure proceedings
  • A letter stating the scheduled auction date
As soon as you receive a notice, check the dates and read the instructions carefully. Keep all documents in one place where you can find them quickly when needed.

Respond appropriately

After reading your foreclosure notice, identify key items such as deadlines, repayment figures, contact details and any required steps. These specifics will shape your response. For example, some borrowers ask their lenders about structured repayment plans. Others explore adjustments to loan terms that may help manage monthly costs. You may be able to sell your home before the foreclosure sale but keep in mind that most sales—especially short sales—require approval from your lender, particularly if the house is worth less than what you owe. If your foreclosure notice includes information about Connecticut's foreclosure mediation program, you might qualify based on your loan status and response time. This court-supervised process enables you to meet with your lender and explore potential repayment arrangements under the supervision of the court. Use the deadlines and figures in your documents to guide your planning. Align your response with your income, equity and timeline. You might also consider bringing specific questions to a housing counselor or attorney. With a better understanding, you can better decide which direction feels most realistic for your situation.

Act quickly to protect your interests

Once you become more familiar with your current position, focus on what options remain possible to you. Each passing day may affect what actions are still feasible. If you are unsure about the next move, it is essential to seek advice from a professional with experience. Speaking with someone who handles foreclosure cases, such as a counselor or legal professional, can provide you with the guidance you need to identify practical steps. Use what you have learned to make focused, informed decisions. Keep your efforts focused, steady and timely. Remember, there are resources available to help you navigate this situation.]]> On Behalf of Mark Sank & Associates, LLC <![CDATA[Home inspections are valuable when buying a home]]> https://www.marksank.com/?p=48237 2025-04-18T15:16:50Z 2025-04-18T15:16:50Z Buying a home is a major investment that should be handled very carefully. As you go through open houses, you may notice that there are certain defects in each home you visit. Once you find a home that you want to purchase, you can’t count on only the information you obtained during the open house or in the disclosures. Instead, you need to get the home inspected.  A home inspection is done by a trained professional who looks at various aspects of the home. The goal is to give you information about potential defects that can help you to make an informed decision about the purchase. 

Why is the inspection important?

Buyers can use the information they learn in the home inspection for bargaining power. If there are issues uncovered, they may be able to:
  • Ask the seller to make repairs before closing
  • Request a credit toward repairs
  • Renegotiate the purchase price
  • Decide to walk away altogether if the problems are too severe
Most purchase contracts contain a contingency clause that allows the buyer to back out of a deal if the inspection uncovers major issues. The contingency will typically mean that the buyer won’t lose their deposit if they back out for this reason. 

What does a home inspection cover?

The home inspection will check various areas of the home. This includes the structure and major systems, such as: 
  • Roofing and gutters
  • Foundation and basement
  • Electrical system
  • Plumbing
  • Heating and cooling systems
  • Windows and doors
  • Attic and insulation
  • Visible signs of mold, pests, or water damage
Depending on the age and location of the home, additional specialized inspections might be important. These could include:
  • Radon testing
  • Sewer line or septic system inspection
  • Pest or termite inspection
  • Chimney evaluation
  • Mold or asbestos testing
These aren’t always included in the standard inspection, but they can be just as important, especially for older homes or properties with visible issues. The inspection is only one aspect of the homebuying process. Anyone who’s in the process of buying a home should ensure they understand the entire process so they can make decisions that are in their best interests. ]]> On Behalf of Mark Sank & Associates, LLC <![CDATA[3 ways attorneys can support those buying a home]]> https://www.marksank.com/?p=48236 2025-01-15T11:34:16Z 2025-01-15T11:34:16Z Drafting customized documents All of the most important terms of a real estate transaction are included in purchase agreements and other critical documents. Creating customized documents is often the best way to ensure optimal financial and legal protection. Buyers may need to integrate specific contingencies into an offer to protect their earnest money. They may need to establish a post-closing occupancy agreement that protects them if the seller fails to move out as quickly as they should. Agents tend to rely on boilerplate documents, but attorneys can help real estate buyers create customized documents that offer optimal protection.

Assisting with due diligence

Frequently, real estate agents look at listing information, such as seller disclosures. They may not put much effort into reviewing the title history of the property or other potential issues that could undermine the long-term economic value of the transaction for the buyer. Attorneys can assist with title research and other important elements of the due diligence process. They can help buyers identify issues that could increase the amount of risk involved in the transaction.

Reviewing closing documents

The paperwork signed at the closing table includes dozens of pages of complex legal documents. Most people don't have the patience to read those documents or the legal knowledge necessary to truly understand them. An attorney can review closing documents on behalf of clients to ensure that they are accurate. They can warn their clients if any of the terms included in the final paperwork deviate from the arrangements outlined in the original purchase agreement. They can help buyers secure corrections to their documents. Having an attorney on standby during a real estate transaction can also be valuable if issues arise. Buyers never know when sellers might damage a property or try to cancel their closing without justification. People who have the right support during a real estate transaction benefit from being less vulnerable to misconduct or oversights that could affect the success of their home-buying efforts.]]> On Behalf of Mark Sank & Associates, LLC <![CDATA[When does a landlord have the right to evict a business?]]> https://www.marksank.com/?p=48235 2024-10-11T13:47:03Z 2024-10-11T13:47:03Z Legal grounds for eviction in the Provisions State According to Connecticut General Statutes § 47a-23, a landlord can serve a Notice to Quit if their commercial tenant fails to pay rent. This formal document should notify the affected entrepreneur about why and when the landlord wants them to vacate the premises. Entrepreneurs also risk eviction if their landlord finds them in violation of the terms of their commercial lease. This could include:
  • Improper use of the premises (e.g., operating a type of business not allowed under the lease)
  • Subletting without the landlord’s consent
  • Causing damage to the property
If the lease explicitly prohibits certain behaviors and the tenant engages in them, the landlord also has grounds to seek eviction. Lastly, if the landlord and tenant fail to negotiate a new lease before the old one expires, the landlord can demand that the tenant vacate the property. While this is technically not an eviction, it can feel like one if the tenant wants to continue occupying the space.

The eviction process

Suppose a landlord has grounds for eviction; they are required to follow a legal process to remove their tenant from the premises:
  • Serving the tenant with a Notice to Quit that outlines the reason for eviction and a deadline to leave
  • Filing a summary process action (eviction lawsuit) in court if the tenant doesn’t leave by the set deadline
  • Presenting the case in court
Suppose the court rules in favor of the landlord; they will issue an order of eviction, and a marshal can be sent to enforce it. Entrepreneurs facing eviction from their commercial premises in Connecticut might want to review the terms of their lease while seeking knowledgeable legal guidance. While landlords do have the legal right to evict tenants for specific reasons, they must follow a strict legal process. Furthermore, affected tenants have the right to defend themselves in court if they believe that an eviction is unwarranted.]]> On Behalf of Mark Sank & Associates, LLC <![CDATA[Can filing for bankruptcy halt a foreclosure?]]> https://www.marksank.com/?p=48234 2024-07-21T23:39:51Z 2024-07-21T23:39:51Z There is nothing easy about the prospect of facing foreclosure as a homeowner who has invested a great deal of money, time and energy into a property. However, the fact that this situation is inherently challenging does not mean that it can’t end in a favorable resolution. For example, filing for bankruptcy can potentially halt the risk of – or active process of – foreclosure under certain circumstances. Whether a homeowner is interested in filing for protection under Chapter 7 or Chapter 13, bankruptcy can temporarily halt the foreclosure process. Especially in Chapter 13 cases, bankruptcy can also offer homeowners the opportunity the time to catch up on past-due mortgage payments and/or negotiate more favorable terms with their lenders. 

The automatic stay offers immediate but temporary relief

As soon as a homeowner’s bankruptcy petition is filed, the automatic stay goes into effect. The automatic stay serves as an instruction from the court to a filer’s creditors. This instruction – with very few exceptions – halts collection actions until a filer’s petition has been withdrawn, dismissed or favorably resolved. This stay generally provides homeowners with temporary relief from the threat of losing their homes. 

Chapter 7 and Chapter 13 offer varying relief from foreclosure

Chapter 7 bankruptcy can temporarily halt foreclosure through the automatic stay, but it does not provide a long-term solution for homeowners who wish to keep their property. In a Chapter 7 scenario, if you are a homeowner who is struggling, and if you cannot catch up on your mortgage payments quickly, your lender may request that the court to lift the automatic stay, allowing the foreclosure process to resume. Unlike Chapter 13 bankruptcy cases, which evolve over several years, Chapter 7 cases usually resolve so quickly that they don’t provide much time for homeowners to “get square” when it comes to their mortgage obligations.  By contrast, Chapter 13 bankruptcy offers a more effective means of potentially halting foreclosure and retaining ownership of your home. During a Chapter 13 process, you can work with your legal team to propose a repayment plan to catch up on missed mortgage payments over three to five years while continuing to make your regular mortgage payments. As long as you comply with the terms of your repayment plan and keep up with your ongoing mortgage obligations, it would be very unlikely that your lender would be permitted to proceed with foreclosure action. While filing for bankruptcy is not the best option for every homeowner who is facing foreclosure, it can serve as a meaningful way to gain the time necessary to catch up on missed payments for many people who are at risk of losing their property.   ]]> On Behalf of Mark Sank & Associates, LLC <![CDATA[What if someone who owes a company money dies in debt?]]> https://www.marksank.com/?p=48226 2024-04-22T10:35:27Z 2024-04-22T10:35:27Z Creditors can make claims in probate court Someone's debts don't just disappear when they die. The property that belonged to a now-deceased debtor becomes the property of their estate. Their debts also become the responsibility of their estate. In theory, creditors have the right to make a claim in probate court in pursuit of repayment. The personal representative of an estate is subject to requirements to communicate with creditors. They also typically need to use estate resources to pay someone's debts before they distribute any assets to the beneficiaries of the estate. Communicating with the personal representative of the debt is typically a key element of a successful creditor claim in probate court. The person managing estate administration typically needs to send written notice to creditors. Creditors can then make claims seeking payment for debts. In scenarios in which the representative fails to provide appropriate notice to creditors or does not repay them in compliance with state probate laws, it may be necessary to file a lawsuit. In some cases, the personal representative could be financially liable for the debts that they failed to cover during the estate administration process. Taking timely action is crucial to the protection of a creditor's financial interests when a party who owes money dies before paying their debt in full. Businesses that need assistance when evaluating their debt collection options may want to secure outside assistance with that process. Ultimately, learning more about different debt collection rules may benefit creditors worried about safeguarding and exercising their rights.]]> On Behalf of Mark Sank & Associates, LLC <![CDATA[New legal protections for Connecticut renters]]> https://www.marksank.com/?p=48225 2024-01-25T13:52:32Z 2024-01-25T13:52:32Z Limiting fees The new law limits “repeat” fees that landlords can charge tenants and prohibits others. For example, landlords can no longer charge tenants more than one late fee if rent is overdue. Further, they can no longer charge a rental application processing fee (although they can still require a security deposit and key fee as well as first month’s rent). These changes align with the federal government’s actions to cut “junk fees” of all sorts. Some fees are being capped as well. For example, landlords can no longer charge more than $50 for a screening report.

Sealing of eviction records

An eviction action, even if a renter wasn’t forced to leave their home, can affect a person’s ability to rent an apartment or home ever again. Beginning in July, eviction records will not be accessible to the public if:
  • A landlord withdraws their filing.
  • The case is dismissed.
  • The renter prevails in the case.
Further, it will be illegal for anyone to sell an eviction record to a credit-screening company or any third party. An official with a legal aid group that helps low-income people says, “Records of eviction filings are…one of their primary obstacles to safe and adequate housing.” She notes that women and Black and Latino families are disproportionately affected by evictions. However, it can happen to anyone. She adds, “After July 1, 2024, at least families who won their evictions, or got them dismissed or withdrawn, will no longer be penalized unfairly in tenant screening reports.” While most people have too much on their plate to keep up with new laws, adjustments can have a significant effect on your rights. This latest package is a clear example of an effort that can be a game-changer for renters. Unfortunately, you can’t count on all landlords to keep up with the law – or to follow it if they do. Seeking legal guidance can help you level the playing field.]]>