Connecticut State Police are investigating after three bodies were found inside a Burlington home purchased at a foreclosure auction.
But, it isn’t rare for foreclosures to go through the court system without ever confirming contact with the homeowner, according to attorney and head of the Yale Law School’s Housing Clinic, Jeff Gentes.
“It doesn't require their participation, their consent,” Gentes said. “Consent in the foreclosure happens when you sign your mortgage documents at the closing table.”
Three skeletal remains were discovered in a Burlington home on Stanwich Lane June 14. Connecticut State Police say there is no threat to the public and foul play is not suspected.
Two of the bodies were identified Monday. One is the body of Sally Ann, 54, who owned the property with her husband Paul Cash. The other identified body is that of their son Brian Cash, 22, according to Connecticut State Police.
The foreclosure procedure began in August, but the former owners, Sally Ann and Paul Cash, did not appear at any of the court proceedings, according to court records.
The bodies were discovered by the new homeowner, who purchased the property in an “as is” foreclosure auction.
Since the home was purchased “as is” the sale is expected to go through as planned, according to court records. However, if it is determined the family died before the foreclosure took place, it may impact the ownership status.
“If I were the bank, I'd be like, ‘Crazy situation. What are you going to do?’ But it's caveat emptor on these foreclosure sales, and if we said, ‘What's the difference between this and black mold?’” Gentes said.
Given the condition of the remains, the bodies were believed to have been at the property for a while, according to court documents. The property sold on a June 6 foreclosure auction for $525,000, according to court records.
Gentes estimated between 10% and 25% of foreclosures go through without the owner engaging in the court process.
When the bank or mortgage lender takes control of the property, they aren’t required to do a walk through before selling the home, Gentes said.
“From the bank's perspective, the more that someone has to talk to somebody, the more employees they have to hire, the more work they have to do, and the less money they make,” Gentes said.
Homeowners also aren’t required to engage with the court or mortgage company during a foreclosure.
“You have the collection calls where, if they don't pick up, they're not leaving a voicemail. You have the letters, whether or not someone opens their mail, they're not checking. They plow ahead with the complaint, which is just leaving it at the doorstep,” Gentes said. “If the property gave the impression of being abandoned to the appraiser, I'm surprised that the property inspectors, the property preservation people, did not go and do anything further themselves.”
