New Haven Foreclosure

Discussion in 'North America' started by skydog, Aug 9, 2011.

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  1. skydog

    skydog Patron Meritorious

    I just got back from the courthouse where I took a look at this file. The clerk's office charges a dollar a page for copies so I just took copious notes. Most civil cases in CT are "paperless" which means that they can be accessed through a computer network from any civil court in CT. Fortunately, I didn't need to go to New Haven and was able to access the documents locally.

    In a nutshell:

    The foreclosure deals with the tax years 2008 and 2009. October 1 is tax day. The tax due on July 1, 2009 in the amount of $16,702.96 was based on the 10-1-08 assessment. The tax bill for the following year (assessed 10-1-09/due 7-1-10) was $44,196.42. The court records indicate that the original complaint (filed 9-10-10) dealt only with the tax year 2008. In the answer, special defense, and counter-claim (filed 2-14-11) filed by the church, they raised issues concerning both tax years. Consequently, the city amended its original complaint(filed 3-22-11) to foreclose on the taxes assessed on October 1, 2009. The church was then obliged to file another answer, special defense, and counter-claim which they did on 5-11-11. This pleading is substantially the same as the original filed on Feb. 14.

    The pleadings indicate that there may be unpaid sewer and water charges that have accrued on the property. The Greater New Haven Water Pollution Control Authority and South Central Connecticut Water Control Authority are each named as defendants but no attorney has filed an appearance on either's behalf. In a foreclosure action, all parties that have an interest in the property must be named as defendants. Because they have been so named, I am assuming that there may be outstanding monies due.

    Webster Bank was also named as a defendant based on the mortgage given them by the church on September 12, 2003. The mortgage note ($1,000,000.00) is secured by the property as well as an assignment of leases (customary in a commercial transaction). They are represented by counsel but have not filed an answer. The city has filed a motion to default them for their failure to do so. This motion has not been acted on by the court. The bank will in all likelihood be defaulted for either failing to plead or failure to disclose a defense.

    The special defenses and counter-claim filed by the church allege essentially the same thing. They claim that the church was granted tax exempt status in 2007. They further claim that this tax exempt status was revoked in 2009 and further that they were not notified of the revocation. Because they were not notified of this revocation they did not file an appeal with either the board of assessment appeals (General Statutes 12-111) or in the superior court (General Statutes 12-119). The counter-claim is in eight counts (each count is a separate cause of action). Four of the counts deal with the tax year of 2008 and four with tax year 2009. The substance of each claim is the failure of the city to notify them that the tax exempt status was revoked. They More on that later.

    The church's lawyer is Nicholas Mingione of New Haven, CT. He appears to have sufficient abrasiveness to be a desirable mouthpiece for the cult. See,

    There are affirmative obligations placed on tax payers wishing to exempt themselves from taxes. According to the city, the church never filed the necessary paperwork to continue this exemption. (according to the city's attorney).

    The lack of notice claim is interesting for several reasons. In the first place, I am unaware of any obligation that would require the tax collector to "remind" tax payers that paperwork needs to be filed in order to continue an exemption. Tax collectors remind tax payers to pay taxes not to avoid them. Ignorance of the law is not a defense and the fact that they were not aware of this is just too bad for the church. In the second place, General Statutes, Sec. 12-119 provides a one year statute of limitations to file an appeal in superior court. That date begins on the date of the assessment. (10-1-08 and 10-1-09). The tax bills are due the following July and the church would have been sent a bills for these taxes the following June. So the absolute latest that the church would have had notice of the revoked status would be June 2009 and June 2010. So they still had four months with which to file an appeal on each of the tax years.

    The most interesting thing about all this is that it confirms the many reports of the dire predicament the local churches are in as a result of the Ideal Org. program. The fact that the tax exempt status was revoked is a signal that the local churches do not have the funds to hire local counsel and tax professionals to avoid these types of problems. The fact that the tax exempt status was revoked was not even known was apparently not even known until suit was filed is an indication of a complete lack of communication.
  2. Axiom142

    Axiom142 Gold Meritorious Patron

    I’m presuming that ‘the church’ being referred to is the CoS? Are we talking about an org or a mission here?

  3. skydog

    skydog Patron Meritorious

    The New Haven Org purchased a building in 2003 to be used as an Ideal Org. It has been sitting vacant since that time. The Org is located on the next block and most days/nights is pretty dead.

    more information can be found at
  4. rich

    rich Banned

    That's good news skydog. I hope they do get foreclosed. r.
  5. Pooks


    Great news! New Haven Org is so downstat! LOL!
  6. Pooks


  7. Axiom142

    Axiom142 Gold Meritorious Patron

    Thanks for the clarification Skydog.

    Behind with taxes, a threat of foreclosure and money owed for utilities - this sounds serious!

    So much for the ‘expanding like never before’ BS. Here we see the true cost of this insane lust for big shiny buildings. Having a large, expensive building is only a liability when you can’t even run a viable business with the one you’ve already got.

    But, depressingly, the cult will only try and turn this to their advantage.

    “Urgent – call to arms!

    Suppressive elements in the city council, using that favourite tool of the SP, taxes, are trying to suppress your religion and deny freedom for the people of New Haven.

    We need to raise $10 million by next Thursday. So it is vitally important that you send your credit cards to us today!

    I know that some of you are no longer eligible to have credit cards so for those of you who are unable to contribute in this way, we have arranged for the local hospital to have a blood drive at the org. We get $50 for each unit of blood given. So, if each public Scientologist gives 4 units, that’s $200 dollars each!

    And we have additionally arranged for our local Scientology dentist to extract any gold filling and crowns that you do not require (due to the costs involved in extracting and smelting a charge of £25 dollars per person will be required for parishioners donating in this way).”

    But, looking on the brighter side, the inevitable crush regging in order to save a building that the public thought they had already paid for, might just be enough to break the member of the family camelidae’s back and convince some that it is time to GTFO.

  8. After donating money towards an empty building for over 8 years, If anyone is stupid enough to donate more money to keep this pig in the cult's hand, they deserve to lose their money on principle alone.
  9. Sindy

    Sindy Crusader

    Wow, thanks for this excellent, detailed reporting.

    I don't think it would be a stretch to assume that similar scenarios are playing out all over.

    I was going to say that Miscavige is an idiot but it's much worse than that. This man played with other people's life savings and hard earned assets as if these parishioners were just disposable pawns on a chessboard.

    He could care less about any of them and has no sense of money having never had to fend for himself, in any way, in the real world. What a farce this whole thing is. It's a disgusting mess.

    How the hell does this guy have time to worry about what Marty is doing? It's quite possible that his problems are so massive that he can only confront the little skirmish with Marty while Rome burns to the ground.
  10. skydog

    skydog Patron Meritorious

    More interesting than what the church is doing in this case is what they are not doing. They have not deposed any witnesses or filed any discovery motions. They have simply made their foolish allegations and now sit and wait for their fate to be determined by others.

    From this, it is reasonable to conclude that they do not have the available funds to wage legal war against the city.
  11. Petey C

    Petey C Silver Meritorious Patron

    Very interesting, Skydog. Do you know where the building is? It looks like North Branford so I'm assuming it's not in downtown NH? Only wondering because I never came across it when I lived in NH a few years ago.
  12. Thrak

    Thrak Gold Meritorious Patron

    One can only hope some sort of class action suit can be done to help some of these people get their money back. It seems all forward progress of the church has stopped and reality is now crashing in.
  13. skydog

    skydog Patron Meritorious

    The building is on Whalley Avenue in a very quaint part of the city of New Haven. It is primarily residential with good number of storefront shops and restaurants. The current org is located a block away on the same street (909 Whalley Ave.). They have a website but it hasn't been updated in several years.

    There is also a well written article that appeared during all the initial hoopla when the affects of the cool aid had reached its pinnacle.
  14. Petey C

    Petey C Silver Meritorious Patron

    I know Whalley Avenue -- I drove it many times. I can't believe I never saw the sign, and me a big fat ex! If I'd known, I would gone in. Unbelievable. It makes me think that it must have been a pretty small affair. Good luck with them getting any Yalies in, though. Yale can be a forbidding place, even to allies.

    Interesting to see mention of Carol Yingling. It's an unusual name and makes me wonder how she is related to the Yingling that is one of the cult attorneys.
  15. Pooks


    To my knowledge Carol and Monique are not related.


    This was taken in 2006. It's the Old Hallock's Furniture Store.


    The sign was taken down shorty after I posted that picture of it. The staff and public currently use the Idol Org's parking lot and it appears there's a small office in there. They don't even keep the grounds up on this place. It's a real shit hole.

    This is the New Haven Borg. It's in that artsy, trendy little section of Whalley Ave.
    West Village? Not sure of the name of that little section, but it has nice restaurants, clothing stores, antiques and a tennis store. Kind of upscale for New Haven.


  16. Petey C

    Petey C Silver Meritorious Patron

    Thanks Pooks. West Haven I think you mean. When I was there (07-08) I'm sure the org wasn't there -- I remember walking that stretch several times. If it was, there was no sign. If there was a sign, then I was in total blind denial! (I'm covering all bases as you can see.)
  17. Wants2Talk

    Wants2Talk Silver Meritorious Patron

    Does the Bank of America have a Million dollar interest in this property?

    Perhaps another corpus scio entity will by it at auction-has that not happened before? Now there's a real real estate scam!
  18. Pooks


    Nope, not West Haven. It's located in New Haven.
  19. skydog

    skydog Patron Meritorious

    Some further information on the merits of the church's defense to this foreclosure. Under CT Gen. Statutes Sec 12-81, etc., a taxpayer is required to file a return every four years for property they claim is exempt. The form for doing so is here:

    The church never filed this document for the tax years in question. They can kick and scream and complain all they want but it was their obligation to file this document and they have no one to blame but themselves.

    On WWP, someone asked why this property should be subject to an exemption in the first place since the property is essentially abandoned. He/she is probably right that they should not be entitled to this at least until it is being used for its "tax exempt" purpose. I doubt the city wants to open up that can of worms though.
  20. skydog

    skydog Patron Meritorious

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