|
There is no Non-Judicial Foreclosure process used in Connecticut. Connecticut is one of the only states where a lender can pursue a Strict Foreclosure.
Judicial Foreclosures in Connecticut can be either by the strict foreclosure process or by decree of sale. A lis pendens is recorded and the borrower is served with a complaint for foreclosure at least twelve (12) days before the complaint is filed with the court. The court may order multiple public notice and/or newspaper publications of the complaint if the borrower can not be found to be served.
If the lender pursues strict foreclosure, there is no sale. This is used mostly when there is no equity in the property. The lender is able to go to court, prove a default, and have title conveyed directly to them immediately. The court may provide the borrower with a set time to redeem the property, but if the borrower can not pay the redemption amount, the lender is granted absolute title to the property.
In the decree of sale process, the court enters the decree. This process is used when there is equity in the property or if there is a federal lien on the property. A committee is appointed to conduct the sale, and the judge decides the length of the redemption period. The redemption period is between the date the judgment is entered and the date of the sale; there is no redemption after the sale. The redemption amount is the balance due on the mortgage plus costs.
If the property does not sell for the balance due plus costs, the lender may sue the borrower for a deficiency judgment. Confirmation of the sale takes place at least thirty (30) days after the sale.
|
