Connecticut General Statutes/Title 52/Chapter 901/Section 52-249

CGS § 52-249. Costs and attorney's fees in actions for foreclosure and substitution of bond.

(a) The plaintiff in any action of foreclosure of a mortgage or lien, upon obtaining judgment of foreclosure, when there has been a hearing as to the form of judgment or the limitation of time for redemption, shall be allowed the same costs, including a reasonable attorney's fee, as if there had been a hearing on an issue of fact. The same costs and fees shall be recoverable as part of the judgment in any action upon a bond which has been substituted for a mechanic's lien.

(b) In any foreclosure judgment when a lis pendens had been recorded after a title search of real property, the court shall determine a reasonable fee to be paid for the search and tax it as part of the costs.

Short History

(1949 Rev., S. 7994; 1969, P.A. 440; P.A. 82-160, S. 123; P.A. 84-282, S. 1; P.A. 99-153, S. 8.)

Long History

History: 1969 act added Subsec. (b) re fees for title searches in foreclosure judgments; P.A. 82-160 replaced real “estate” with real “property”; P.A. 84-282 amended Subsec. (a) to include reasonable attorney's fees as allowable costs; P.A. 99-153 amended Subsec. (a) to allow recovery of costs and attorney's fees in cases where a bond has been substituted for a mechanic's lien.

Citations

In foreclosure, costs thrown on defendant only if he seeks to redeem. 81 C. 442. Cited. 216 C. 85.

Cited. 19 CA 8; 22 CA 468. According to statute, plaintiff must argue for attorney's fees during foreclosure action; thus, whether plaintiff is entitled to attorney's fees under statute is a question of law for court to decide in the foreclosure action; because it is a question of law, attorney trial referee cannot decide the issue. 70 CA 404. Attorney's fees under section include fees incurred on appeal as well as at the trial level. 118 CA 367. Trial court may consider the legal work performed by plaintiff's counsel in defending a counterclaim in the calculation of the award of attorney's fees under section if such legal work is necessary to plaintiff's ability to prove its substantial performance as part of the underlying foreclosure claim. 145 CA 316.

Plaintiff not entitled to counsel fees for protracted trial on plaintiff's claims for contract prices of two jobs and on defendant's counterclaims of offsets against contract price; there never was a hearing on form of the judgment or the time of redemption as required under statute. 49 CS 405.

Subsec. (a):

In action to foreclose mechanic's lien, plaintiff is not entitled to duplicate attorney's fees under this section and Sec. 42-150aa but rather may collect under Sec. 42-150aa for contract aspects of action and under this section for equitable relief. 86 CA 767. Award of attorney's fees proper where court entered judgment of foreclosure in favor of plaintiff, regardless of whether plaintiff prevailed. 122 CA 686. Subsec., by its plain language, contemplates a hearing with regard to specific aspects of the foreclosure proceeding; because trial on the mechanic's lien foreclosure claim was bifurcated from the trial on plaintiff's other claims sounding in breach of contract and unjust enrichment, and thus was not pursued at the trial on the latter claims, that latter trial cannot reasonably be considered the hearing as to the form of judgment or the limitation of time for redemption contemplated by Subsec. 158 CA 766; reversed on other grounds, see 325 C. 14. In action to foreclose a judgment lien, requirement that a hearing as to the form of judgment under Subsec. was satisfied and trial court had authority to award attorney's fees and costs to plaintiff following a hearing during which plaintiff's counsel presented a property appraisal for entry into evidence and the court made a factual finding as to the fair market value of the property. 179 CA 721.

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