Donald D. Bowers and Deborah Bowers - Page 12

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            sold the Burlington property to the Janases, Leaders would not                             
            collect a commission.                                                                      
                  On July 31, 1989, the Superior Court entered its Judgment of                         
            Foreclosure By Sale After Opening of Original Judgment, in favor                           
            of United Bank & Trust Co.8  The Burlington property was to be                             
            sold at public auction on September 30, 1989, unless the amount                            
            due on the mortgage debt, plus interest and costs, was paid.  On                           
            or about September 13, 1989, Mr. Carey received $32,500 from                               
            petitioners.  On September 18, 1989, Mr. Carey paid United Bank                            
            and Trust Co. $32,376.89, thus forestalling the foreclosure sale.                          
            Mr. Carey's law firm was paid $123.11 with respect to the                                  
            satisfaction of this mortgage.                                                             
                  On September 21, 1989, First Performance Mortgage Corp. sent                         
            a notice rejecting Mr. Bowers' application for a mortgage on the                           
            Burlington property.  Petitioners had had an indication by late                            
            August that there were problems with the application and that the                          
            mortgage would not be granted.  As will be discussed later,                                
            petitioners, on October 1, 1989, signed a contract to purchase                             
            the Jacksonville Golf and Country Club house.                                              
                  After the second listing contract expired on September 28,                           
            1989, petitioners advertised the Burlington property as for sale                           
            by owner.  One such advertisement, placed in the Hartford Courant                          

            8 The parties in this action had appeared in Superior Court                                
            on Nov. 25, 1980, Jan. 11, 1984, and Jan. 30, 1989.  The original                          
            judgment referred to is that of Jan. 11, 1984, for strict                                  

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