●
Judicial Foreclosure Available: Yes
●
Non-Judicial Foreclosure Available: No
●
Primary Security Instruments: Mortgage
●
Timeline: Typically 60 days
●
Right of Redemption: No
●
Deficiency Judgments Allowed: Yes
In Connecticut, lenders may foreclose on a
mortgage in default by using the judicial
foreclosure process.
Judicial Foreclosure
The judicial foreclosure process in
Connecticut is carried out by either strict
foreclosure or a decree of sale.
With strict foreclosure, no actual
foreclosure sale is held. Instead, the
lender goes to court to try and obtain a
court order demonstrating the borrower is in
default of the mortgage. If successful, the
title transfers to the lender immediately.
However, the court sets an established
amount of time in which the borrower may
redeem the property, but if they fail to do
so, the title becomes absolute to the lender
and the borrower has no longer has any claim
to the property. The lender then has thirty
(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.
With a decree of sale, the court: 1)
establishes the time and manner of the sale;
2) appoints a committee to sell the
property; and 3) appoints three appraisers
to determine the value of the property.
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.
The lender may sue to obtain a deficiency
judgment in Connecticut.