Process Begins With a Civil Suit
The judicial foreclosure process in Connecticut is commenced by filing a civil action with the Superior Court. At the end of the action, the Lender will file a motion for a judgment of foreclosure and the Judge will either grant a “strict foreclosure” or a “foreclosure by sale”.
If a strict foreclosure is granted no actual foreclosure auction is held. During the foreclosure action the court has determined that there is no equity in the property and rather than a foreclosure sale, the court will assign “law days” in reverse order of priority, which allows parties with an interest to redeem the property. If no party redeems the property on their law day, title of the property will vest, free and clear to the Lender.
The lender then has 30 days to record a certificate of foreclosure, which must contain a description of the property, the foreclosure proceedings, the mortgage and the date the title became absolute.
The Court Orders the Property Sold
If the court determines that there is equity in the property, even by a slim margin, the court will order a foreclosure by sale. The court establishes the time and manner of the sale and will assign a “committee attorney” to handle all aspects of the foreclosure sale, this is not the same attorney that commenced the foreclosure action.
The borrower may stop the foreclosure proceedings at any time before the sale by paying the balance due on the mortgage. If no such payment is made, the committee will go forward with the sale. After the sale is conducted, the committee attorney must petition the court to “approve” the sale so that title may vest in the successful bidder.
The lender may sue to obtain a deficiency judgment in Connecticut.
Information provided by the law firm of Marinosci Ceritto & Shapiro, P.C. (www.mcs-lawfirm.com).