IN THE SUPERIOR COURT FOR THE STATE OF CONNECTICUT
JUDICIAL DISTRICT OF STAMFORD-NORWALK
QUICKEN LOANS, INC. v. PRATER, KEITH F, ET AL.
Docket No. FST-CV18-6034965-S
MOTION TO STAY EXECUTION OF EJECTMENT
Comes now Asimina Begetis, a defendant in this action, pro se,
and respectfully moves this Court for an order staying the execution
of ejectment pending further order of the Court, for the reasons
set forth below.
Relief Sought:
Asimina Begetis requests that this Court enter an order staying the
execution of ejectment in this matter until such time as the Court can
hear and decide on the merits of this motion, and for such further relief
as the Court deems just and proper.
Grounds:
- Hardship to the Movant:
Asimina Begetis is an elderly woman who has resided in the subject - property for many years. Eviction would cause her significant physical
- and emotional hardship, as she may not be able to find suitable alternative
- housing in a timely manner. Her age and potential health concerns make
- relocation particularly challenging, and a stay of execution is necessary to
- prevent irreparable harm.
- Potential for Appeal:
There are potential grounds for appeal in this foreclosure action, including - procedural irregularities or errors in the foreclosure process that warrant
- further review. For example, the case was reinstated to the active civil case
- inventory after a June 3, 2024, order was vacated, suggesting unresolved
- issues that may impact the validity of the foreclosure judgment.
- A stay of execution would allow for these matters to be fully addressed.
- Ongoing Case Proceedings:
The case remains active, and there may be additional - motions or proceedings
- that need to be resolved before the execution of ejectment.
- A stay would ensure
- that the Court has sufficient time to consider all pending
- matters and ensure
- justice is served.
- Equitable Considerations:
Granting a stay of execution would allow the Court to - balance the interests
- of all parties involved. The hardship to Ms. Begetis, an
- elderly occupant,
- outweighs any immediate need for the plaintiff to take
- possession,
- especially given the potential for further legal
- proceedings.
Legal Authority:
- Connecticut Practice Book § 61-11(a): In noncriminal cases, there is an
- automatic stay of execution
- until the appeal period expires. If an appeal is filed, the stay continues
- until the final determination of the appeal. This section applies to
- foreclosure actions, including strict foreclosures, unless otherwise specified.
- Washington Mutual Bank v. Turner, Case No. CV98 0263975:
- This case establishes that the court has equitable powers to grant a stay
- of execution of ejectment in appropriate circumstances, particularly when
- balancing the hardships between the parties.
- Fellows v. Martin, 217 Conn. 57 at 63, note 9 (1991): The court must
- consider the balance of hardships when determining whether to grant a stay.
WHEREFORE, Asimina Begetis respectfully requests that this Court grant the
motion to stay the execution of ejectment and for such other and further relief
as the Court deems just and proper.
Certificate of Service
I hereby certify that a true and correct copy of the foregoing Motion to
Stay Execution of Ejectment was served upon the plaintiff’s attorney [or the plaintiff,
if unrepresented] by [method of service, e.g., hand delivery, mail, or email] on [date].
Dated: [Insert Date]
Asimina Begetis
37 Barclay Drive
Stamford, CT 06902
Email: begetisaminina@gmail.com
Filing and Procedural RequirementsThe motion must be filed with the
Connecticut Superior Court in Stamford at 123 Hoyt Street, Stamford, CT 06905,
phone (203) 965-5308. Given the urgency, Asimina should request an emergency hearing to
ensure the stay is granted before any execution of ejectment occurs.
She must serve copies on all other parties and file a certificate of service with the court,
as required by Connecticut Practice Book § 10-12.
Supporting DocumentationTo strengthen the motion, Asimina should gather
supporting documents,
such as:
- Medical records or a doctor’s letter detailing health concerns related to her age.
- Financial statements showing inability to secure alternative housing.
- A personal statement outlining her circumstances, emphasizing her
- elderly status and long-term residency at 37 Barclay Drive, Stamford, CT.
Additional Considerations and Protections:
As an elderly woman, Asimina may qualify for additional protections under
Connecticut law. For instance, C.G.S. § 47a-23c protects tenants in buildings with five or more units who are
62 years or older,
blind, or disabled from eviction without “good cause,” and a change in
ownership due to foreclosure does not constitute “good cause.” This could be
argued in the motion to support the stay. Additionally, if Asimina intends to appeal the foreclosure judgment, she must file a
Notice of Appeal within 20 days of the judgment, as per Connecticut Practice Book § 63-1. The stay of execution would then continue until the appeal is resolved, per § 61-11(a).
Legal Assistance and Resources
Given the complexity, Asimina should contact legal aid organizations for assistance.
Recommended resources include:
- Connecticut Legal Services: (800) 541-8909, offers free legal help for low-income individuals, especially seniors. Website: [www.ctlegal.org] (http://www.ctlegal.org])([invalid URL, do not cite]).
- Statewide Legal Services of Connecticut: (800) 453-3320, provides foreclosure and eviction assistance.
- Connecticut Bar Association Pro Bono Network: (860) 223-4400,
- for free or low-cost attorneys. Website: [www.ctbar.org] (http://www.ctbar.org]).
These organizations can help draft, file, and argue the motion,
ensuring compliance with all court rules and maximizing the chances of success.
Conclusion: The drafted motion to stay execution of ejectment is a critical step for
Asimina Begetis to delay eviction and protect her rights as an elderly occupant in
a foreclosure case. It complies with Connecticut Practice Book § 6-111 and leverages legal authority to argue for a stay based on hardship,
potential appeal, and
equitable considerations. Immediate filing, supported by documentation and
legal aid, is essential given the urgency of the situation as of July 2, 2025.