Question 1

Is Connecticut a judicial or non-judicial foreclosure state?

Accepted Answer

Judicial. Mortgages are foreclosed through a court case. The usual method is strict foreclosure: the court sets "law days," and if the owner does not pay the debt by the owner's law day, title passes to the lender without an auction. On a party's motion, the court may instead order a foreclosure by sale (auction), or, for a first mortgage with the owner's consent, a foreclosure by market sale.

Question 2

What notice is required before a foreclosure sale in Connecticut?

Accepted Answer

Before starting a foreclosure on a covered home mortgage, the lender must mail the homeowner, by registered or certified mail, a notice of the default that says the homeowner has 60 days to meet or confer with the lender or a consumer credit counseling agency to try to resolve the default, and to contact the Connecticut Housing Finance Authority about applying for Emergency Mortgage Assistance Program (EMAP) payments. The lender may not start the foreclosure before mailing this notice. The foreclosure itself is a court case, so the homeowner is served with court papers (including a notice to homeowner about mediation).

Question 3

How long does foreclosure take in Connecticut?

Accepted Answer

For residential foreclosures with return dates through June 30, 2029, while the case is in the mediation program, for up to eight months from the return date the parties generally may not file motions other than those related to mediation (the homeowner may still answer and raise defenses), and no judgment of strict foreclosure or foreclosure by sale may be entered until the mediation period has ended. Law days or a sale date are then set by the court in its judgment.

Question 4

Is there a right of redemption after foreclosure in Connecticut?

Accepted Answer

In a strict foreclosure, the owner keeps an "equity of redemption" and may redeem by paying the debt on or before the owner's law day set by the court. When the law day passes without payment, the right to redeem is cut off and title becomes absolute in the lender or redeeming lienholder. A strict-foreclosure judgment generally cannot be reopened after title has become absolute, except in limited cases where all parties agree within set time limits.

Question 5

Can the lender come after you for the rest of the loan after foreclosure in Connecticut?

Accepted Answer

Yes. Within 30 days after the redemption period ends, any party may file a motion for a deficiency judgment. At a hearing, the court sets a value for the property and enters judgment for the difference, if any, between that value and the lender's claim. In any later suit on the debt, the lender can recover only that judgment amount.

Question 6

Does Connecticut have a foreclosure mediation program?

Accepted Answer

Yes. The Judicial Branch runs the Ezequiel Santiago Foreclosure Mediation Program for foreclosures of 1- to 4-family homes that are the borrower's owner-occupied primary residence (and certain religious-organization property). The homeowner asks to participate by filing a Foreclosure Mediation Certificate (JD-CV-108) with an appearance within 15 days of the return date (later only with the court's permission). Mediation is voluntary for the homeowner but mandatory for the lender once an eligible homeowner asks. Mediators are Judicial Branch employees who cannot give legal advice. Condominium-lien and tax-lien foreclosures are not eligible.

Question 7

What happens to tenants when a rental home is foreclosed in Connecticut?

Accepted Answer

For foreclosures with return dates on or after July 13, 2011, the new owner after foreclosure takes the property subject to the rights of bona fide tenants. A tenant with a bona fide lease may stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; tenants without a lease or with an at-will lease, and tenants whose lease is ended for an owner-occupant buyer, must get at least 90 days' notice to vacate. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, it was an arm's-length deal, and the rent is not substantially below market (unless subsidized).

Question 8

Can an HOA foreclose on your home in Connecticut?

Accepted Answer

Yes. A common interest community association's lien for assessments may be foreclosed like a mortgage. Before suing, the owner must owe at least two months of common expense assessments, the association must have made a written demand for payment (with a copy to first and second mortgage holders), and the board must have voted to foreclose or adopted a policy providing for it. The association must also mail mortgage holders a written notice at least 60 days before filing. Part of the lien (generally up to nine months of regular assessments) has priority over first and second mortgages.

Question 9

What must a home seller disclose in Connecticut?

Accepted Answer

Yes. A person selling, exchanging or lease-optioning residential property of one to four units (including condominiums and cooperatives) must give the buyer a written residential condition report before the buyer signs a binder, contract or option. Some transfers are exempt, including transfers between co-owners, certain family transfers, new construction with an implied warranty, sales by executors, administrators, trustees or conservators, and sales of property acquired by foreclosure.

Question 10

How do you get your home back after a tax sale in Connecticut?

Accepted Answer

After a tax collector sells real property for unpaid taxes, the deed stays unrecorded during the redemption period. The taxpayer, mortgage holder or other lienholder may redeem within six months after the sale (or within 60 days if the property was abandoned or meets other conditions set by local ordinance) by paying the collector the taxes, interest and charges due at the time of sale plus interest at 18% a year on the purchase price, and other unpaid municipal charges. If not redeemed, the deed is recorded and takes full effect. Municipalities may also foreclose tax liens in court, where the property may be redeemed before the redemption period set in that proceeding ends.

Question 11

Where can homeowners get free foreclosure help in Connecticut?

Accepted Answer

The Connecticut Department of Banking runs a toll-free Foreclosure Hotline at 1-877-472-8313 (Monday–Friday, 8:00 a.m.–5:00 p.m.) and points homeowners to HUD-approved housing counselors and the court Foreclosure Mediation Program. The Connecticut Housing Finance Authority (CHFA) runs the Emergency Mortgage Assistance Program (EMAP), which may help eligible owner-occupants who have fallen behind because of a hardship beyond their control; EMAP customer service is (860) 571-3500.

Judicial or non-judicial	Judicial. Mortgages are foreclosed through a court case. The usual method is strict foreclosure: the court sets "law days," and if the owner does not pay the debt by the owner's law day, title passes to the lender without an auction. On a party's motion, the court may instead order a foreclosure by sale (auction), or, for a first mortgage with the owner's consent, a foreclosure by market sale. The Judicial Branch law library guide describes strict foreclosure and law days: https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Foreclosure.pdf Source: Conn. Gen. Stat. §§ 49-24, 49-15, 49-19; Connecticut Judicial Branch Law Libraries, Foreclosure research guide
Required notices	Before starting a foreclosure on a covered home mortgage, the lender must mail the homeowner, by registered or certified mail, a notice of the default that says the homeowner has 60 days to meet or confer with the lender or a consumer credit counseling agency to try to resolve the default, and to contact the Connecticut Housing Finance Authority about applying for Emergency Mortgage Assistance Program (EMAP) payments. The lender may not start the foreclosure before mailing this notice. The foreclosure itself is a court case, so the homeowner is served with court papers (including a notice to homeowner about mediation). Source: Conn. Gen. Stat. § 8-265ee; Connecticut Judicial Branch, Foreclosure Mediation Program
Time frames set by law	For residential foreclosures with return dates through June 30, 2029, while the case is in the mediation program, for up to eight months from the return date the parties generally may not file motions other than those related to mediation (the homeowner may still answer and raise defenses), and no judgment of strict foreclosure or foreclosure by sale may be entered until the mediation period has ended. Law days or a sale date are then set by the court in its judgment. The statute does not set one fixed minimum number of days from default to the law day; the court sets law days case by case. Source: Conn. Gen. Stat. §§ 49-31l, 49-31n
Foreclosure mediation	Yes. The Judicial Branch runs the Ezequiel Santiago Foreclosure Mediation Program for foreclosures of 1- to 4-family homes that are the borrower's owner-occupied primary residence (and certain religious-organization property). The homeowner asks to participate by filing a Foreclosure Mediation Certificate (JD-CV-108) with an appearance within 15 days of the return date (later only with the court's permission). Mediation is voluntary for the homeowner but mandatory for the lender once an eligible homeowner asks. Mediators are Judicial Branch employees who cannot give legal advice. Condominium-lien and tax-lien foreclosures are not eligible. Source: Conn. Gen. Stat. §§ 49-31m, 49-31n; Connecticut Judicial Branch, Foreclosure Mediation Program Homeowner FAQs

Redemption after the sale	In a strict foreclosure, the owner keeps an "equity of redemption" and may redeem by paying the debt on or before the owner's law day set by the court. When the law day passes without payment, the right to redeem is cut off and title becomes absolute in the lender or redeeming lienholder. A strict-foreclosure judgment generally cannot be reopened after title has become absolute, except in limited cases where all parties agree within set time limits. Source: Conn. Gen. Stat. § 49-15; Connecticut Judicial Branch Law Libraries, Foreclosure research guide
Deficiency judgments	Yes. Within 30 days after the redemption period ends, any party may file a motion for a deficiency judgment. At a hearing, the court sets a value for the property and enters judgment for the difference, if any, between that value and the lender's claim. In any later suit on the debt, the lender can recover only that judgment amount. Source: Conn. Gen. Stat. § 49-14
Tenants in a foreclosed home	For foreclosures with return dates on or after July 13, 2011, the new owner after foreclosure takes the property subject to the rights of bona fide tenants. A tenant with a bona fide lease may stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; tenants without a lease or with an at-will lease, and tenants whose lease is ended for an owner-occupant buyer, must get at least 90 days' notice to vacate. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, it was an arm's-length deal, and the rent is not substantially below market (unless subsidized). Source: Conn. Gen. Stat. § 49-31p

HOA liens and foreclosure	Yes. A common interest community association's lien for assessments may be foreclosed like a mortgage. Before suing, the owner must owe at least two months of common expense assessments, the association must have made a written demand for payment (with a copy to first and second mortgage holders), and the board must have voted to foreclose or adopted a policy providing for it. The association must also mail mortgage holders a written notice at least 60 days before filing. Part of the lien (generally up to nine months of regular assessments) has priority over first and second mortgages. Source: Conn. Gen. Stat. § 47-258
Property tax sales	After a tax collector sells real property for unpaid taxes, the deed stays unrecorded during the redemption period. The taxpayer, mortgage holder or other lienholder may redeem within six months after the sale (or within 60 days if the property was abandoned or meets other conditions set by local ordinance) by paying the collector the taxes, interest and charges due at the time of sale plus interest at 18% a year on the purchase price, and other unpaid municipal charges. If not redeemed, the deed is recorded and takes full effect. Municipalities may also foreclose tax liens in court, where the property may be redeemed before the redemption period set in that proceeding ends. Source: Conn. Gen. Stat. §§ 12-157, 12-189
Seller disclosure	Yes. A person selling, exchanging or lease-optioning residential property of one to four units (including condominiums and cooperatives) must give the buyer a written residential condition report before the buyer signs a binder, contract or option. Some transfers are exempt, including transfers between co-owners, certain family transfers, new construction with an implied warranty, sales by executors, administrators, trustees or conservators, and sales of property acquired by foreclosure. Source: Conn. Gen. Stat. § 20-327b

Connecticut Foreclosure Laws: Process, Timeline and Your Rights

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After the sale

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