Goldfield Wants WPCA Answers

by Paul Bass | January 29, 2008 12:01 PM | | Comments (12)

carlgoldfield.jpgAs the mayor continued to express no concern over the rash of foreclosure suits filed by New Haven’s sewer authority, Board of Aldermen President Carl Goldfield (pictured) said he plans to investigate.

Goldfield announced Monday that he and Westville Alderwoman Ina Silverman will introduce a resolution at next week’s full board meeting calling for a public hearing into the 130-plus foreclosure suits initiated by the Greater New Haven Water Pollution Control Authority (WPCA).

The authority has been filing those suits since it was spun off by the city in 2005 and became an independent regional group. Its aggressive tactics have come under fire from legal-aid lawyers and a state judge for trapping troubled property owners deeper in debt — for bills as low as $793 — at a time of a brewing foreclosure crisis. Click here, here, here, and here for previous stories on the subject.

Goldfield made the announcement during a City Hall press conference Monday about the city’s priorities for the upcoming state legislative session.

He was careful not to criticize the WPCA or pre-judge its enforcement tactics. Rather, he said the actions merited closer inspection. He said he and Silverman want to “get to the bottom of it and why they’re taking that action, and why people aren’t paying their bills… Are these people who are financially distressed and can’t afford to pay it? Or are these people who feel this is an easy way to budget” since the WPCA can’t cut off their service? “Is this some sort of oppressive action on the part of the WPCA? Or is this a legitimate enforcement action?”

According to WPCA chief Dominick DiGangi, the authority decided to step up debt-collection efforts to improve a 92 percent collection rate that has piled up $1 million in losses that get passed along to ratepayers.

Goldfield said he’s particularly interested in knowing what kinds of customers are having the suits slapped on their properties. A review by the Independent of cases on file at the courthouse revealed a wide array of debtors: homeowners; local people who own second properties in the city; out-of-state lenders or speculators; in once case a prominent Dixwell church.

One city administration critic, mayoral hopeful Darnell Goldson, has called for a moratorium on WPCA foreclosures. A national expert in dealing with foreclosures and abandoned properties, Dan Kildee, suggests a subtler, two-pronged approach: redoubling efforts to keep homeowners in place and avoiding foreclosing on them; while foreclosing faster on speculators and out-of-state lenders whose properties might otherwise languish for years and bring down their surrounding neighborhoods.

Just Pay Your Bills

Mayor John DeStefano, on the other hand, repeated Monday that he sees no cause for concern in the WPCA’s actions. He said he has seen no reason to look further into the matter — or, as part of his state legislative agenda, to ask New Haven’s Capitol lawmakers to pressure the WPCA to ease up. New Haven State Sen. Martin Looney previously sponsored a bill that pressured Yale-New Haven Hospital to ease up on similar aggressive debt-collection tactics that put people in danger of losing their homes.

“I’m not specifically aware that it’s a problem,” DeStefano said when asked about the WPCA’s actions at Monday’s City Hall press conference on his priorities for the upcoming legislative session.

Click on the play arrow to watch DeStefano and Goldfield discuss the WPCA issue.

DeStefano noted that none of the WPCA suits has yet led to the agency actually taking over someone’s house. He was asked about Judge Anthony DeMayo’s criticism — in foreclosure court, and in this article — that the WPCA’s tactics are piling dangerous levels of new court and legal costs on people already at risk of losing properties.

“I don’t know if I agree with that,” DeStefano replied. “The real issue here is that we have an imperfect system” on property taxes “and we ought to correct that” with a property-tax hike.”

DeStefano’s aggressive lack of interest in the WPCA case may stem from the fact the he created the problem: His administration pushed through the plan to cede control of the agency to a suburban-dominated authority in order, in part, to plug a budget hole with one-time revenues.

“Look, there’s a price to be paid here” if people don’t pay bills, DeStefano said Monday.

DeStefano said that people should pay their bills. His remarks echo the DeStefano administration’s approach in 1998 during a previous period in which New Haveners had trouble holding onto property. At the time his administration, seeking a one-time infusion of cash, sold tax liens to the Breen Corporation. Breen in turn hired the Marcus Law Firm to handle the liens. Critics, including then-Westville Alderwoman Nancy Ahern, complained that the firm would pile up exorbitant fees and interest charges on elderly homeowners and others already struggling to pay past-due tax bills. Click here to read about that episode. (Story takes a while to load.)


Read previous Independent coverage of New Haven’s foreclosure crisis:

2 Days, 8 Foreclosure Suits
WPCA Goes On Foreclosure Binge
A Guru Weighs In
WPCA Targets Church
Subprime Mess Targeted
Renters Caught In Foreclosure King’s Fall
She’s One Of 1,150 In The Foreclosure Mill
Foreclosures Threaten Perrotti’s Empire
“I’m Not Going To Lay Down And Let Them Take My House”

The following links are to various materials and brochures designed to help homeowners avoid foreclosure.

How to prepare a complaint to the Department of Banking; Department of Banking Online Assistance Form; Connecticut Department of Banking, Avoiding Foreclosure; FDIC Consumer News; Statewide Legal Services of Connecticut, Inc; Connecticut Bar Association Lawyer Referral Service.

For lawyer referral services in New Haven, call 562-5750 or visit this website. For the Department of Social Services (DSS) Eviction Foreclosure Prevention Program (EFPP), call 211 to see which community-based organization in the state serves your town.

Click here for information on foreclosure prevention efforts from Empower New Haven.







Comments

Posted by: p | January 29, 2008 12:18 PM

You know, the WPCA could look into implementing online bill paying. Granted there are many people without computers, however I'm sure that it would increase bill payments. looking at the GNHWPCA's website, it also looks like you can pay with a credit card, but only over the phone or in person, not via your bill.
I wonder if bill paying would increase if people knew of their options. Certainly the "threat" of shutoff that the Water Authority has is not the only thing that keeps their collection rate higher.

Posted by: TrueBlueCT | January 29, 2008 12:25 PM

Are the WPCA liens junior or senior to primary mortgages?

If they come first, it makes little sense for the WPCA to be so aggressive, as the debts would be well secured in equity. I'm fairly certain that interest would apply to the outstanding balances, so why not let them ride, and perhaps they could even be borrowed against?

However, if the debts are secondary to a principal mortgage, given the housing market and wave of foreclosures, I can understand why the WPCA is getting more aggressive at collections. If they let balances build up, they might never collect them!

Hope some reader will let me know the answer to my question.

Posted by: Barbara Ann Jackson | January 29, 2008 2:03 PM

re: Predatory Lenders; Fraudulent Foreclosures Nullifies Property Loss

Real estate foreclosures are bonanzas of deceptive lending because foreclosures enable PROPERTY FLIPPING, and flipping enables misleading investors concerning housing market profits! Because of FRAUDULENT FORECLOSURES, SCORES OF PEOPLE HAVE NOT LAWFULLY LOST OWNERSHIP OF THEIR HOMES, AND LEGALLY ARE STILL THE OWNERS, but they do not know it! And, despite that some foreclosures are null, some homeowners are being sued for "DEFICIENCY."

Debt collector attorneys file foreclosures naming defunct mortgage companies, or companies which no longer hold the notes; or affix collectors' fees exceeding "Acceleration Clauses." If homeowners sue or "Unfair Debt Collection Practices," collectors make more $$ through protracted litigations. Additionally, some collectors file in Bankruptcy Court falsified motions to "Lift Stay" pleadings for purposes of accomplishing SIMULATED AUCTIONS of real estate properties.

In States like Louisiana, because Wells Fargo and Freddie Mac greatly benefit from fraudulent foreclosures ANY representation about $$$ billion dollar losses due to people defaulting on mortgages should be weighed against needless payments of legal fees to law firms which outmaneuver -and even persecute people who file court proceedings in opposition to fraudulent foreclosures and repossessions.

Fact> For a purported debt of $86,000.00, through use of a non-existent mortgage company, attorneys racked up more than a quarter of a million dollars in litigation fees. Later, the property was sold to a 3rd party for $37,000.00. Investors got nothing, nothing practical was accomplished by evicting the homeowners, and neighborhood property values declined.

In August 2005, Freddie Mac evicted property owners because Freddie Mac (FALSELY) claims to have purchased their property in year 2005, from a mortgage company which has been defunct since year 2002. **PROOF, including the "successor in interest" affidavit from that defunct company is posted at www.lawgrace.org.

Securities Investors need to become more knowledgeable, responsible and take action about collectors as well as mortgage servicers' misdeeds which hurts borrowers as well as siphons incalculable amounts of money from what Investors profit. Also, see "Limiting Abuse and
Opportunism By Mortgage Servicers," AND "Private Property Rights Deferred: Has Predatory Mortgage Servicing Destroyed The American Dream" by Rawle Andrews, Jr., Esq.,and Leroy Jones, Jr., J.D. at http://www.msfraud.org/index.html.
_____________________________________
Here's a few more links:

-Mortgage Mess, Foreclosure Fraud and Impediments to Justice
http://newsblaze.com/story/20071203130614tsop.nb/newsblaze/TOPSTORY/Top-Stories.

-ILLEGAL REAL ESTATE FLIPPING...
http://www.lawgrace.org/2007/06/21/illegal-real-estate-flipping-unfair-enrichment-etc/

-Comment on the Foreclosure of Judge Reginald Badeaux's Home
http://www.lawgrace.org/2007/12/08/my-december-7-2007-comment-posted-to-the-times-picayune-blog-about-the-news-article-entitled-%e2%80%9cjudge-gets-debt-reprieve-badeaux-has-skipped-mortgage-payments%e2%80%9d-the-foreclosure-of-this-lo/

-Federal Judges' Pay Raise; New Orleans Federal Judiciary Call To Impeach
http://newsblaze.com/story/20080101084831tsop.nb/newsblaze/TOPSTORY/Top-Stories.html
=====================================================================
Barbara Ann Jackson
Law & Grace, Inc

Posted by: WEBblog 1 [TypeKey Profile Page] | January 29, 2008 2:24 PM

It appears the WPCA'S ordinance is supported by State Statue and is on firm legal ground.
Why the need for a public hearing, beside grandstanding by Goldfield and Silverman?

Greater New Haven
Water Pollution Control Authority
S E W E R O R D I N A N C E
Originally Adopted: August 1, 2005
Amended: September 12, 2006


SECTION 17. Collection Procedures.
17.01 In addition to other collection procedures provided herein, the Executive
Director may retain independent legal counsel, and/or an independent collecting agent, as
selected by the GNHWPCA, for the collection by lawful means of any delinquent unpaid
sewer use charges as defined and revised from time to time by the GNHWPCA. A list of
said unpaid accounts turned over for collection shall be provided at least semi-annually to
the Chairman of the GNHWPCA.

17.02 Any unpaid sewer use charges shall constitute a lien upon the real estate
against which such charge was levied from the date it became delinquent. Each such lien
may be continued, recorded and released in the manner provided by the General Statutes
of the State of Connecticut for continuing, recording and releasing property tax liens and
encumbrances except taxes, and may be foreclosed in the same manner as a lien for
property taxes. The GNHWPCA shall designate a person as the collector of the sewer
use charges, and such collector may collect such charges in accordance with the
provisions of the General Statutes, aforesaid, for the collection of property taxes. The
Executive Director will prepare a list of accounts deemed uncollectible in whole or in
part, with recommendations, to the extent allowed by law, as:
(a) Write-off as uncollectible;
(b) Compromise amount of payment.
Said list shall be submitted to the GNHWPCA for review and approval.
20
17.03 Delinquent unpaid sewer user charges collected by independent counsel
and/or collecting agency shall be increased to include all fees and charges of the
collection agent applicable to the unpaid sewer use charges.

SECTION 20. Continued Use of Sewer After Refusal to Pay
Any person failing or refusing to pay the charges provided for in this ordinance,
or to deposit the proper sum in the event of a dispute as to the amount of such charges in
the time and manner provided, and who continues to discharge wastewater from such
person's property into the sanitary sewer system, shall be guilty of an offense and shall be
punished in the manner provided for in Section 38. Each and every day that such
violation continues shall constitute separate offense and shall be punishable as such. The
conviction of a person for such an offense shall not be a bar to the institution by the
GNHWPCA of a suit for the collection of the delinquent charges and for an injunction to
enjoin such person from discharging wastewater into the sanitary sewer system without
complying with the provisions of this article and paying the charges established hereby.

Posted by: Gary Doyens | January 29, 2008 2:40 PM

DeStefano is intentionally not aware of the problem because he's the one who created it. Jessica Mayorga was asked about this and sputtered. Surely she told the mayor about the questions and her lack of answers. Either one or both are not telling the truth.

However, the mayor doesn't care about the WCPA because it's not his problem to oversee - he spun it off for cash because he's too dense to spend money within the budget and to protect taxpayers from spending gone wild.

And finally, this wave of foreclosures are not his concern, because at the end of the day, it will not put any more money in the city's coffers. DeStefano is a classic "taker" and his goal is to take whatever money he can get out the pockets of New Haveners who are working and paying their bills, and then to take more money from the federal government (that's us again but from our federal pocket) for programs and equipment we don't need. Read (prisoner release that is being handled by others including the state and assault vehicles).

When DeStefano gets done with those two pockets he wants to take yet again, from "state" taxpayers which is really us all over again, just on another level and from a lot more people. The taking never ends.

The next time DeStefano opens his mouth at a press conference, he should just tell us to put our hands in the air: "This is a robbery." (Sound familiar mayor? That's right - New Haven Savings/New Alliance Bank Press conference.)

Posted by: darnell | January 29, 2008 3:21 PM

Web Blog, they may be on legal ground, I don't think there is any disputing this. That doesn't mean that there aren't other, less costly ways of clooecting the debts.

Posted by: Dan | January 29, 2008 5:40 PM

It's easy for Mayor DeStefano to chant pay your bills after receiving approx a $16,000 raise.

I had problems paying taxes and sewer bills after my employer cut my pay $15,000 along with the remainder of my coworkers so he could stay in business and we could stay employed. Thanks to the powers that be making it easier for foreigners to take our jobs so there is a shortage of positions and we just can't move from job to job.

If that wasn't enough, my homeowners insurance decided to drop my insurance because I had fuses and although my roof didn't leak and probably wouldn't for a long time, the insurance decided based on the odds that I needed a roof as well. I couldn't get new insurance coverage because the other company dropped me. So to protect my investment I chose to deplete my savings to upgrade my electrical system and put on a new roof and pay my taxes late. Not by choice but out of necessity.

I'm sure that I am not alone and many people have hit similar obstacles. We struggle through and get back on track and the last thing you want to hear is some ignorant comment like "just pay your bills". Maybe you need to live in the real world where you wouldn't get a $16,000 raise in 10 years time. Maybe you should have asked for a pay decrease to help the city and continue to see if you can pay your bills.

Posted by: Dan | January 29, 2008 5:50 PM

I forgot to mention, isn't the median income in New Haven in the neighborhood of $33,000 compared to the mayor's salary of $130,000 mentioned in another article? I guess he should be able to pay his bills!

Posted by: Darnell | January 29, 2008 7:51 PM

Gary and Dan,

I would gladly drop out of the race if either one of you guys ran

Posted by: joshua jones | January 30, 2008 8:26 AM

I think WPCA now include other citys. Do they get forclosed. O just the poor people in New Haven.
If this right, Mayor DeStfano must take action.

Posted by: Jeff | January 30, 2008 8:46 AM

The word out there is that the Director of the WPCA makes more money than the Mayor. Almost $180,000. Is this true??

Posted by: andy ross | January 30, 2008 6:16 PM

I can see right through this "non responsive" nonsence on the part of the Mayor. Of course Mayor DeStefano wants to step up and do something about the WPCA foreclosure crisis. What politician would pass up a juicy issue like this one?, especially Mayor DeStefano who has always supposed to have been a man for the people, but can't you see what he is doing? He is allowing Carl Goldfield to be the hero.
You are going to see more and more of this silence on the part of the Mayor. This Mayor will begin sitting out issues, and allow Carl Goldfield President of the Aldermanic board to become more and more visible. Why? Mayor DeStefano, most likely, will not even fulfill his term in office. I predict he will leave office early, so that his hand picked successor can have the spot light. This city can only change and stop from becoming a dictatorship when we break the brace of Mayor DeStefano cronies.

Carl Goldfield is DeStefano's heir apparent, and he is setting the stage to make fools out of the residents of New Haven. Anything Carl Goldfield does, you had better believe that it is with Mayor DeStefano's full knowledge and blessing.

This city needs to get good and mad about how it is run by a chosen few. I feel bad for the Board of Alderman, because, the ones that I know or have had the pleasure to meet with all seem like good, committed and civic minded people that want to have a part in government, not be played like pawns.

Break the Brace and begin thinking about who will be our next Mayor now!

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