Connecticut General Statutes/Title 8/Chapter 134/Section 8-265ee

CGS § 8-265ee. Notice to homeowner of foreclosure. Meeting or conference with mortgagee or consumer credit counseling agency.

(a) On and after July 1, 2008, a mortgagee who desires to foreclose upon a mortgage which satisfies the standards contained in subdivisions (1), (9), (10) and (11) of subsection (e) of section 8-265ff, shall give notice to each homeowner who is a mortgagor by registered, or certified mail, postage prepaid at the address of the property which is secured by the mortgage. No such mortgagee may commence a foreclosure of a mortgage prior to mailing such notice. Such notice shall advise the homeowner of his delinquency or other default under the mortgage and shall state that the homeowner has sixty days from the date of such notice in which to (1) have a face-to-face meeting, telephone or other conference acceptable to the authority with the mortgagee or a face-to-face meeting with a consumer credit counseling agency to attempt to resolve the delinquency or default by restructuring the loan payment schedule or otherwise, and (2) contact the authority, at an address and phone number contained in the notice, to obtain information and apply for emergency mortgage assistance payments if the homeowner and mortgagee are unable to resolve the delinquency or default.

(b) Except in cases in which the mortgagee refuses to meet with the homeowner, if the homeowner fails to meet with the mortgagee or comply with any of the time limitations specified in the notice as provided in subsection (a) of this section, or if the homeowner's application is not filed by the date thirty days after the date of any default in payment under an agreement as provided in subsection (c) of this section or if the homeowner's application for emergency mortgage assistance payments is not approved by the date thirty calendar days after the date of receipt of the homeowner's application in accordance with the provisions of section 8-265ff, the foreclosure of the homeowner's mortgage may, at any time thereafter, except as provided in subsection (e) of this section, continue without any further restriction or requirement under the provisions of sections 8-265cc to 8-265kk, inclusive, provided the mortgagee files an affidavit with the court stating the notice provisions of subsection (a) of this section have been complied with and that either the homeowner failed to meet with the mortgagee or failed to comply with all of the time limitations specified in the notice as provided in subsection (a) of this section or that the homeowner's application for emergency assistance payments was not approved by the date thirty calendar days after the date of receipt of the homeowner's application, or that a determination of ineligibility was made.

(c) If, after a face-to-face meeting, telephone or other conference acceptable to the authority, as provided in subsection (a) of this section, the homeowner and the mortgagee reach an agreement to resolve the delinquency or default and, because of financial hardship due to circumstances beyond the homeowner's control, the homeowner is unable to fulfill the obligations of the agreement, the homeowner may apply to the authority for emergency mortgage assistance payments under sections 8-265cc to 8-265kk, inclusive, by the date thirty days after the date of any default in payment under the agreement. The mortgagee shall not be required to send any additional notice to the homeowner other than the notice required under subsection (a) of this section.

(d) Nothing in sections 8-265cc to 8-265kk, inclusive, shall prevent a homeowner from exercising rights that may exist under the foreclosure mediation program and those rights may be exercised concurrently with the rights afforded under sections 8-265cc to 8-265kk, inclusive, provided the exercise of rights under the foreclosure mediation program shall not cause a delay in the determination under subsection (e) of section 8-265ff. Nothing in sections 8-265cc to 8-265kk, inclusive, shall prevent a homeowner from applying or reapplying and being considered for emergency mortgage assistance if such homeowner is referred to the emergency mortgage assistance program by the foreclosure mediation program.

Short History

(P.A. 93-414, S. 3, 10; P.A. 94-185, S. 3, 10; P.A. 08-176, S. 7; P.A. 09-209, S. 29; 09-219, S. 1; June 12 Sp. Sess. P.A. 12-1, S. 126; P.A. 21-44, S. 8.)

Long History

History: P.A. 93-414 effective July 1, 1993; P.A. 94-185 amended Subsec. (a) to provide that the section is applicable after the mortgagee files a participation agreement and provide that notice of foreclosure may be by registered mail and amended Subsec. (b) to provide that the foreclosure may continue if the mortgagor fails to file an application within 30 days, failed to meet with the mortgagee or the application was not approved, effective June 2, 1994; P.A. 08-176 amended Subsec. (a) to substitute “July 1, 2008” for “the date a mortgagee files an agreement to participate in the program established pursuant to sections 8-265cc to 8-265kk, inclusive”, to extend time limit for mortgagor to comply from 30 days to 60 days from date of notice, to add in Subdiv. (1) other conference acceptable to authority and to make technical changes, amended Subsec. (b) to make technical changes, amended Subsec. (c) to add other conference acceptable to authority and to make technical changes, and added Subsec. (e) re not preventing exercising of rights, effective July 1, 2008; P.A. 09-209 made a technical change in Subsec. (a), amended Subsec. (b) by adding exception for cases in which mortgagee refuses to meet with mortgagor and reference to Subsec. (e), and amended Subsec. (e) by making a technical change and adding provision re applying or reapplying for assistance if referred by foreclosure mediation program, effective July 1, 2009; P.A. 09-219 changed effective date of P.A. 09-209, S. 29, from July 1, 2009, to July 9, 2009, and applicable to applications for emergency mortgage assistance filed on and after July 1, 2008, effective July 9, 2009; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) by making a technical change, deleted former Subsec. (d) re filing a defense, counterclaim or set-off and redesignated existing Subsec. (e) as Subsec. (d), effective June 15, 2012; P.A. 21-44 amended Subsec. (a) to replace a reference to “mortgagor” with “each homeowner who is a mortgagor” and replaced references to “mortgagor” with “homeowner” throughout section.

Citations

Subsec. (a):

Notice requirement is a mandatory condition precedent but not jurisdictional in nature and a mortgagee is required to provide notice for each foreclosure action initiated. 347 C. 381.

Subsec. does not require mailing of notice by return receipt requested and introduction of certified mail receipt into evidence as a condition precedent to foreclosure. 181 CA 248. Compliance with notice requirement, when applicable, is a condition precedent to the commencement of a foreclosure action and the failure by a mortgagee to provide such notice to the mortgagor deprives the trial court of subject matter jurisdiction over a foreclosure. 196 CA 636; judgment reversed, see 347 C. 381. When a mortgagee's initial in-court attempt to foreclose results in a dismissal of a foreclosure action, such that it must commence a foreclosure anew, Sec. 8-265ee(a) requires the mailing of a new EMAP notice in order to commence a subsequent foreclosure action. 206 CA 625.

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