Tuesday May 14, 2013

KEITH WHITCOMB JR.

Staff Writer

BENNINGTON -- A local mobile home park that has been under pressure from the town and state to fix issues with its water supply is now facing a foreclosure complaint.

Complaint filed April 30

The complaint against John M. Bushee Jr., owner of Sunset Farm Mobile Home Park, was filed April 30 in Bennington Superior Court Civil Division by an attorney for People's United Bank which is a "successor by interest and merger" with Chittenden Trust Co., which originally held the promissory note on the property.

Elizabeth Glynn, of the Rutland firm Ryan, Smith, and Carbine, which represents People's United Bank, said she could not comment on the case. Bennington attorney Brian Marthage, who represents Bushee, said he could not comment either, and has not yet filed a response to the complaint.

According to the complaint, in March 2007 Bushee executed and delivered to Chittenden Trust Co. (Doing business as Chittenden Bank) a promissory note with the principal being $120,000.

"Pursuant to the terms of the Mortgage, any real estate taxes and other assessments and insurance paid by Plaintiff become additional indebtedness owed to the Plaintiff," Glynn wrote in the complaint. She alleges that the real estate taxes on the property have not been paid, and the promissory note has matured and also not been paid, putting Bushee in default.

The complaint also names J&J Enterprises as a defendant, because in March 2007 the company delivered a commercial guaranty for "all the indebtedness owed by Mr. John M. Bushee Jr. to Plaintiff," and has not paid on the guaranty.

The amount due on the promissory note, according the complaint, is $93,180 on the principal with an additional $5,645 in interest, and $266 in late fees.

According to Joan Pinsonneault, director of collections at the Bennington Town Office, $31,839 is owed in property taxes on the park going back to 2008. Subtracting interest and late fees the amount is $23,411.

The park's residents were also named as defendants for the purpose of informing them that to receive updates on the foreclosure action's status they would have to notify the court of their name and address.

The park has had issues with supplying clean water to its residents since April 2012. The Town of Bennington reached an agreement with Bushee to fix the problem but sought court action to enforce it in November. A new agreement was reached but for Bushee to take action on it and install a new filtration system he needs a permit from the Department of Environmental Conservation Drinking Water and Groundwater Protection Division, which as of late last month had not granted it.

Contact Keith Whitcomb Jr. at kwhitcomb@benningtonbanner.com or follow him on Twitter @KWhitcombjr.