Connecticut Foreclosure is Judicial.
Connecticut foreclosure has two distinct types of judicial procedures: Strict Foreclosure and Foreclosure By Sale.
Connecticut Foreclosure Timeline
|Day 1-15||Day 30-75||Day 90-150||Day 180|
|Title search ordered; Complaint and Summons issued||Service completed, Complaint filed on return date; Defaults entered, case claimed for Judgment||Judgment entered; Title vests in Strict Foreclosure or Sale held in Foreclosure by Sale||Sale confirmed|
Judicial Foreclosure Steps
Connecticut foreclosure begins when a Lis Pendens is recorded and Complaint for Foreclosure is served on mortgagors and all parties claiming an interest in the property (defendants) at least 12 days before the Complaint is filed with the Court on the “Return Date” (Day 30). If the whereabouts of defendants can not be determined, multiple newspaper publications may be required by the Court.
From Return Date, in-state defendants have 2 days to file an Appearance, out-of-state defendants have 90 days unless actual knowledge of action can be proved. Connecticut foreclosure law states that if Appearance is Pro-Se, defendant has 15 days to Answer. If Appearance is by Counsel, defendant has 5 days to file a Disclosure of Defense following the filing of a Demand for Disclosure of Defense by the plaintiff. Several “waves” of Default Motions are usually required before they are all granted and the case claimed for judgment (Day 75).
Judgment of Strict Foreclosure is typically entered (Day 90) by the Court if there is no equity in the property above the debt being foreclosed. There is no sale. The mortgagor is given a law date by which he must pay off the debt or lose his interest. All other defendants are also given law dates. Upon failure of payment, title automatically vests in the foreclosing mortgagee on the “vesting date” (Day 150). The period between judgment and the vesting date is the redemption period and is discretionary with the judge. Hardship cases may prolong the redemption period.
Judgment of Foreclosure by Sale is typically entered by the Court if there is equity in excess of the debt being foreclosed (or if there is a federal lien). The length of the redemption period between judgment and sale date varies in the discretion of the judge. Confirmation of Sale takes at least 30 days (Day 180).
Connecticut foreclosure law states that tenants whose identities are known and who are served at the onset of the foreclosure action may be ejected by obtaining an Order of Ejectment in the foreclosure action. Tenants whose identities are not known must be served in a separate Summary Process Action.
Deficiency Judgment for the difference between the total debt and the appraised value of the property may be obtained only if a Motion for Deficiency Judgment is filed within 30 days after title vests in the foreclosing mortgagee in a Strict Foreclosure. In a Foreclosure by Sale, a deficiency judgment may similarly be obtained for the difference between the total debt and the net proceeds of Sale.
Get more information on foreclosures by ordering our best-selling Foreclosure eBooks