Conn. Gen. Stat. § 49-28 — Connecticut Code / Title 49 / Chapter 846 / Section 49-28
Sec. 49-28. When proceeds of sale will not pay in full.
Status: in_force

Provision for crediting one-half difference between appraisal and sale price not applicable against subsequent encumbrancer. 89 C. 101. Liability of endorsers for balance of deficiency judgment in separate action. 100 C. 711. Guarantor of note allowed same statutory credit as mortgagor. 113 C. 241. Cited. 120 C. 671; 220 C. 152; Id., 643; 222 C. 784; 227 C. 270; 235 C. 741; 241 C. 269.

Cited. 23 CA 266; 28 CA 809; 31 CA 1; Id., 621; 36 CA 313; 38 CA 240.
Conn. Gen. Stat. § 49-92s — Connecticut Code / Title 49 / Chapter 847 / Section 49-92s
Sec. 49-92s. Provision of payoff statement by judgment lienholder. Imposition of fee or charge for first payoff statement, when allowed.
Status: in_force

(b) The judgment lienholder or attorney shall not impose any fee or charge for the first payoff statement requested within a calendar year, unless the judgment debtor or the judgment debtor's attorney or other authorized agent requests expedited delivery of such statement, agrees to pay a fee for such expedited delivery and the payoff statement is provided by the agreed upon date.
Conn. Gen. Stat. § 49-92i — Connecticut Code / Title 49 / Chapter 847 / Section 49-92i
Sec. 49-92i. Form of notice of aircraft lien.
Status: in_force

NOTICE OF AIRCRAFT LIEN

To all persons whom it may concern, a lien is claimed by me on the below-described aircraft:

Name of claimant .... amount of claim ....

Address of claimant ....

Name of aircraft .... registration number ....

Basis of claim with dates ....

Description of aircraft ....

Location of aircraft ....

Name of owner and address ....

Date of intended sale and place (if applicable) ....

Dated at .... this .... day of .... A.D. 20...

(The claimant) ....
Conn. Gen. Stat. § 49-16 — Connecticut Code / Title 49 / Chapter 846 / Section 49-16
Sec. 49-16. Foreclosure certificate. Penalty.
Status: in_force

To all whom it may concern. This certifies that a mortgage from .... of the town of ...., county of ...., in the state of ...., to .... of the town of ...., county of ...., and state of ...., bearing date the .... day of ...., A.D. ...., and recorded in the land records of the town of ...., book ...., page ...., was foreclosed upon the complaint of .... against ...., the owner of the equity of redemption in said mortgaged premises, and against ...., having an interest therein, in the .... court .... held at .... within and for the county of .... and the state of Connecticut on the .... day of ...., A.D. 20... The premises foreclosed are described as follows, viz.: .... The time limited for redemption in said judgment of foreclosure has passed and the title to said premises became absolute in the said .... on the .... day of ...., A.D. 20...

Dated at ...., this .... day of ...., 20...

If such person neglects to lodge the certificate for one month after the title becomes absolute, he shall be fined not more than five dollars.

Penalties for only 1 year before suit can be collected; filing of certificate before action no bar to action. 57 C. 52. Filing certificate does not extinguish mortgage debt unless premises are actually appropriated to its satisfaction; what constitutes such appropriation. 102 C. 648. Cited. 202 C. 566.

Cited. 20 CA 163.
Conn. Gen. Stat. § 49-30p — Connecticut Code / Title 49 / Chapter 846 / Section 49-30p
Sec. 49-30p. Underwater mortgage: Definitions.
Status: in_force

(1) “Mortgage” has the same meaning as provided in section 49-24a ;

(2) “Mortgagee” has the same meaning as provided in section 49-24a ;

(3) “Mortgagor” has the same meaning as provided in section 49-24a , except a mortgagor, for the purposes of sections 49-30p to 49-30w , inclusive, shall only include those mortgagors with personal net liquid assets, excluding retirement and tax advantaged health savings plans, that are less than one hundred thousand dollars;

(4) “Residential real property” has the same meaning as provided in section 49-24a ;

(5) “Senior lien” means the first security interest placed upon a property to secure payment of a debt or performance of an obligation before one or more junior liens;

(6) “Junior lien” means a security interest placed upon a property to secure payment of a debt or performance of an obligation after a senior lien is placed on such property;

(7) “Lienholder” means a person who holds a security interest in real property; and

(8) “Underwater mortgage” means a mortgage where the debt associated with such mortgage, along with any senior lien, exceeds the fair market value of the mortgaged property as determined by a court in accordance with sections 49-30t and 49-30u .
Conn. Gen. Stat. § 49-73b — Connecticut Code / Title 49 / Chapter 847 / Section 49-73b
Sec. 49-73b. Municipalities authorized to recover expenses. Liens on real estate and fire insurance proceeds.
Status: in_force

(b) The interest of each person in such real estate shall be subject to a lien for the payment of such expenses, which lien shall take precedence over any other encumbrance except municipal tax assessments on such real estate. No such lien shall be valid, unless the municipality, not later than the date thirty days after the date on which such work has ceased, files a certificate of such lien and gives notice to the owner of the real estate in the same manner as provided in section 49-34 . Simultaneous with the filing, the municipality shall make reasonable efforts to mail a copy of the certificate by first class mail to the lienholder's current or last-known address.

(c) The interest of each person in the proceeds of any policy providing insurance coverage issued by an insurance company for a loss to a covered residential or commercial structure, including any policy written pursuant to the provisions of section 38a-670 , shall be subject to a lien on such proceeds for the expenses incurred by a municipality pursuant to the provisions of subsection (a) of this section, provided such municipality, within thirty days after such work has ceased, files a certificate of such lien and gives notice to such interested person in the same manner as provided in section 49-34 .

(d) Any municipal lien filed pursuant to the provisions of this section may be foreclosed in the same manner as a mortgage.

(e) Any certificate of lien filed pursuant to this section shall exist from the fifteenth day succeeding the date of entry of such certificate in the land records.

(f) Any municipal lien filed pursuant to this section may be discharged or dissolved in the manner provided in sections 49-35a to 49-37 , inclusive.

(g) Nothing in this section shall prevent an insured owner, mortgagee, assignee or other interested party from negotiating a dissolution of any such lien on the insurance proceeds, enabling the insurance company to disburse said proceeds.

(h) The provisions of this section shall not apply to policies on single-family or two-family dwellings, unless such dwellings are residential properties owned by a registrant subject to section 7-148ii .

Cited. 192 C. 653.

Cited. 5 CA 316. Section does not govern the discharge of anti-blight liens, which are instead governed by Sec. 7-148aa. 145 CA 202.

Cited. 38 CS 722.
Conn. Gen. Stat. § 49-64 — Connecticut Code / Title 49 / Chapter 847 / Section 49-64
Sec. 49-64. Form of bond.
Status: in_force

“Know all men by these presents:

That we, C. D. of ...., as principal, and .... of ...., as surety, are holden and firmly bound, jointly and severally, unto A. B. of ...., in the penal sum of .... dollars, to which payment well and truly to be made, we hereby bind ourselves, our heirs, executors and administrators, firmly by these presents.

The Condition of this obligation is such that whereas certain personal property, viz.: ...., in which said C. D. has an interest as owner (or otherwise, as the case may be) is now held by said A. B. under claim of lien for storage (or otherwise, as the case may be) to the amount of .... dollars:

Now, Therefore, if said C. D. shall pay or cause to be paid any judgment that may be rendered against him by any court of competent jurisdiction not exceeding the amount of .... dollars (the amount claimed under the lien), with interest and costs, or in default of such payment shall pay or cause to be paid to the officer having the execution issued on such judgment, on demand, the actual value at the date hereof of such personal property, not exempt from such lien, not exceeding said amount of .... dollars, then this bond shall be void, but otherwise in full force and effect.

Dated at .... this .... day of ...., 20...

.... Seal.

.... Seal.”
Conn. Gen. Stat. § 49-17 — Connecticut Code / Title 49 / Chapter 846 / Section 49-17
Sec. 49-17. Foreclosure by owner of debt without legal title.
Status: in_force

Failure to produce mortgage, if it is admitted in the pleadings, held of no consequence. 81 C. 422. Under section, the holder of a promissory note is presumed to be the owner of the debt and, unless the presumption is rebutted, the holder may foreclose the mortgage. 303 C. 224.

Section provides avenue for holder of note to foreclose on property when mortgage has not been assigned to him. 75 CA 791. Statute codifies common law principle of long standing that “the mortgage follows the note”, pursuant to which only note's rightful owner has right to enforce the mortgage. 95 CA 390. Plaintiff had authority to bring foreclosure action where principals designated plaintiff as the payee and holder of a negotiable promissory note documenting defendants' indebtedness, thereby unequivocally manifesting intention to authorize plaintiff to exercise rights that law of negotiable instruments confers on holder of promissory note. 135 CA 58. Summary judgment properly granted where plaintiff demonstrated that the owner of the note authorized plaintiff to enforce the debt and initiate foreclosure proceedings on the owner's behalf. 157 CA 127. The dictates of this section and Sec. 49-33 must trump those in Sec. 47-10, and therefore a valid assignee of a mortgage note has standing to foreclose irrespective of whether that assignee records the assignment prior to instituting the action. 167 CA 183.
Conn. Gen. Stat. § 49-56 — Connecticut Code / Title 49 / Chapter 847 / Section 49-56
Sec. 49-56. Notice of vessel lien to be filed with Secretary of the State. Duration of lien. Discharge.
Status: in_force

(b) A vessel lien shall not continue in force for a longer period than four years after the lien has been perfected, unless the party claiming the lien commences an action to foreclose it within two years from the date the lien was filed with the Secretary of the State and then proceeds therewith to and obtains final judgment within the two years next succeeding the date the action was commenced. Each such lien, after the expiration of each such two-year period without action, commenced or obtaining final judgment, respectively, shall be discharged of record by the person claiming the same, upon the request of the owner of the vessel on which the lien has been claimed. An action to foreclose a vessel lien shall be privileged in respect to assignment for trial.

Cited. 217 C. 807.
Conn. Gen. Stat. § 49-30v — Connecticut Code / Title 49 / Chapter 846 / Section 49-30v
Sec. 49-30v. Nonentry of judgment of loss mitigation.
Status: in_force

(1) The mortgagor may, if eligible, petition for inclusion in the Ezequiel Santiago Foreclosure Mediation Program established pursuant to section 49-31m , provided the mortgagor did not substantially contribute to the events leading to the nonentry or other circumstances resulting in the nonentry. In determining whether to grant such petition, the court shall give consideration to any testimony or affidavits the parties may submit in support of or in opposition to such petition. The court may grant such petition upon a determination that (A) such petition is not motivated primarily by a desire to delay entry of a judgment of foreclosure, and (B) it is highly probable the parties will reach an agreement through mediation; and

(2) The mortgagee shall have the right to request the entry of a judgment of foreclosure in accordance with the other provisions of law, including the provisions governing strict foreclosure.
Conn. Gen. Stat. § 49-92h — Connecticut Code / Title 49 / Chapter 847 / Section 49-92h
Sec. 49-92h. Notice of aircraft lien. Substitution of bond. Sale of aircraft and satisfaction of lien.
Status: in_force

(b) The owner of the aircraft, or anyone having a legal or equitable interest therein, may apply to any judge of the Superior Court, within whose jurisdiction the aircraft is held or where the lienor resides, to dissolve the lien upon the substitution of a bond with sufficient surety.

(c) If no application that the lien be dissolved upon substitution of a sufficient bond, as provided herein, is made within sixty days next succeeding the filing of the notice with the Secretary of the State, then the lienor may sell the aircraft at public auction at his place of business or wherever he may designate, provided, at least seven days prior to the sale, he shall publish three times in a newspaper having general circulation in the municipality where the aircraft is located a notice containing substantially the same information as filed in the notice of an aircraft lien, as provided by section 49-92i , and shall notify, in writing, any holders of any prior or subsequent security interests who have filed notice of the interest with the Secretary of the State. The proceeds of the sale, after satisfaction of any prior security interests filed with the Secretary of the State, and satisfaction of the aircraft lien and satisfaction of any subsequent security interests filed with the Secretary of the State, shall be paid to the owner of record. If the amount due the owner is not claimed within one year from the date of the sale, it shall escheat to the state.
Conn. Gen. Stat. § 49-7 — Connecticut Code / Title 49 / Chapter 846 / Section 49-7
Sec. 49-7. Agreements concerning expenses and attorneys' fees.
Status: in_force

Cited. 120 C. 671. Imposition of attorneys' fee does not render note usurious as such fee is not interest within meaning of Sec. 37-4. 141 C. 301. Attorneys' fees properly awarded for defense of antitrust suit and in bankruptcy proceedings as well as for the foreclosure proceedings. 178 C. 640.

Cited. 1 CA 30.
Conn. Gen. Stat. § 49-30 — Connecticut Code / Title 49 / Chapter 846 / Section 49-30
Sec. 49-30. Omission of parties in foreclosure actions.
Status: in_force

Does not change common law rights of those parties who had been omitted from the first foreclosure and thus does not create substantive rights. 278 C. 219.

Cited. 37 CA 764. Section establishes procedure for foreclosing an encumbrance that is omitted in the original foreclosure; term “encumbrance” refers to recorded encumbrances; section intended to benefit foreclosing party who, through mistake or oversight, omitted an encumbrance; it is not intended to be used as a sword by the omitted party. 63 CA 624. Section unconditionally imposes the risk of undisclosed liens on the purchaser of property at a foreclosure sale, and imposes no duty to warn prospective purchasers of the risk of an undisclosed lien, although equity requires reasonable cautionary instructions to prospective purchasers. 130 CA 692. Court not required to act sua sponte to include interested party in a foreclosure action. 156 CA 1.
Conn. Gen. Stat. § 49-70 — Connecticut Code / Title 49 / Chapter 847 / Section 49-70
Sec. 49-70. Lien on animals for their keep. Transfer of abandoned animals.
Status: in_force

(b) A commercial kennel, as defined in section 22-327 , or a veterinary hospital which boards or grooms animals for nonmedical purposes, may transfer any abandoned animal in its custody to a nonprofit animal rescue or adoption organization which annually places ten or more animals in private homes as pets. An animal shall be considered abandoned if the owner or keeper of such animal fails to retrieve the animal within five days of the date on which such owner or keeper was scheduled to retrieve the animal. Prior to transferring such animal, such kennel or veterinary hospital shall give notice of its intention to do so to the owner or keeper at his last-known address by registered or certified mail, return receipt requested, and shall allow a period of ten days to elapse after the receipt is returned before transferring such animal. Each such commercial kennel and veterinary hospital shall post in a visible location the procedures provided for in this subsection and shall give a written notice of such procedures to any person who boards an animal at such kennel or with such veterinary hospital. Any nonprofit organization which receives an animal in accordance with the provisions of this subsection shall not be liable in any civil action brought by the previous owner or keeper of such animal for any subsequent transfer or disposal of such animal by such organization.

Under statute as at common law, possession is necessary to the preservation of the lien. 57 C. 547. Waiver of lien by claiming possession upon another basis. 74 C. 541.
Conn. Gen. Stat. § 49-55b — Connecticut Code / Title 49 / Chapter 847 / Section 49-55b
Sec. 49-55b. Form of notice of vessel lien.
Status: in_force

NOTICE OF VESSEL LIEN

To all persons whom it may concern, a lien is claimed by me on the below-described vessel:

Name of claimant .... amount of claim ....

Address of claimant ....

Name of vessel .... registration number ....

Type of propulsion .... length ....

Basis of claim with dates ....

Description of vessel ....

Location of vessel ....

Name of owner and address ....

Date of intended sale and place (if applicable) ....

Dated at .... this .... day of .... A.D. 20...

(The claimant) ....
Conn. Gen. Stat. § 49-41b — Connecticut Code / Title 49 / Chapter 847 / Section 49-41b
Sec. 49-41b. Release of payments on construction projects.
Status: in_force

(1) In the case of a contract advertised by the Department of Administrative Services or any other state agency, except as specified in subdivision (2) of this section, (A) the awarding authority shall not withhold more than seven and one-half per cent from any periodic or final payment which is otherwise properly due to the general or prime contractor under the terms of such contract, provided, when fifty per cent of the contract is completed, said amount shall be reduced to five per cent, and (B) any such general or prime contractor shall not withhold from any subcontractor more than (i) seven and one-half per cent from any periodic or final payment which is otherwise due to the subcontractor, or (ii) the amount withheld by the awarding authority from such general or prime contractor under subparagraph (A) of this subdivision, whichever is less, provided, when fifty per cent of the contract is completed, said amount shall be reduced to five per cent. Payment shall be made not later than ninety days after a complete application for payment demonstrating that fifty per cent contract completion has been submitted to the awarding authority. Notwithstanding the provisions of this subdivision (1), the awarding authority shall establish an early release program with respect to periodic payments by general or prime contractors to subcontractors.

(2) In the case of a contract advertised by the state Department of Transportation, (A) the department shall not withhold more than two and one-half per cent from any periodic or final payment which is otherwise properly due to the general or prime contractor under the terms of such contract, and (B) any such general or prime contractor shall not withhold more than two and one-half per cent from any periodic or final payment which is otherwise due to any subcontractor.

(3) If the awarding authority is a municipality, (A) the municipality shall not withhold more than five per cent from any periodic or final payment which is otherwise properly due to the general or prime contractor under the terms of such contract, and (B) any such general or prime contractor shall not withhold more than five per cent from any periodic or final payment which is otherwise due to any subcontractor.

See chapter 60, part II re public building contracts.

Cited. 238 C. 293; 239 C. 708.
Conn. Gen. Stat. § 49-5 — Connecticut Code / Title 49 / Chapter 846 / Section 49-5
Sec. 49-5. Mortgages on property of public service companies.
Status: in_force

(b) The mortgage or deed of trust or, if the mortgage or deed of trust has been previously recorded, whether within or without this state, a copy of the record of the mortgage or deed of trust certified by the recording authority, may be recorded in the office of the Secretary of the State and when so recorded need not be recorded or filed in the records of the towns within which the property, plant or transmission or pipe lines or distribution systems included in the mortgage or deed of trust are situated, and shall be valid and effectual as respects all property therein included as aforesaid, provided a certificate shall be recorded in the office of the town clerk of each of such towns setting forth the names of the mortgagor and the mortgagee, the date of the mortgage or deed of trust and the fact that the mortgage or deed of trust is recorded in the office of the Secretary of the State.

(c) The provisions of sections 16-218 to 16-227 , inclusive, concerning the foreclosure of mortgages of railroad companies, apply to all mortgages or bonds issued by companies doing a light, heat, gas, power, water, telephone or natural gas transmission business.
Conn. Gen. Stat. § 49-37a — Connecticut Code / Title 49 / Chapter 847 / Section 49-37a
Sec. 49-37a. Lien validated when bond substituted prior to April 22, 1975.
Status: in_force

Cited. 176 C. 409; 180 C. 501. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.

Cited. 33 CS 552.
Conn. Gen. Stat. § 49-35d — Connecticut Code / Title 49 / Chapter 847 / Section 49-35d
Sec. 49-35d. Validation of lien recorded prior to April 22, 1975.
Status: in_force

(b) Any person who would have been entitled under the terms of sections 49-33 , 49-34 , 49-35 and 49-38 , to claim a mechanic's lien between April 22, 1975, and June 25, 1975, inclusive, but had not done so, may file a certificate of such lien and serve a true and attested copy thereof as required by section 49-34 and, if applicable, serve the notice required by section 49-35 , within the time provided by section 49-34 , or within ninety days of June 25, 1975, whichever period is longer. For purposes of determining when such person's mechanic's lien took effect, such person shall be deemed to have commenced the rendering of services or the furnishing of materials as of June 25, 1975, but for purposes of determining the amount of such lien such person shall be deemed to have commenced the rendering of services or the furnishing of materials as of the actual date of such commencement.

(c) Any person who between April 22, 1975 and June 25, 1975, inclusive, placed a mechanic's lien upon any real estate pursuant to sections 49-33 , 49-34 and 49-38 , which was not released or discharged on June 25, 1975, may file a new certificate of such lien and serve a true and attested copy thereof pursuant to the provisions of section 49-34 , and, if applicable, may serve the notice required by section 49-35 , within ninety days of June 25, 1975. For purposes of determining when such person's mechanic's lien took effect, such person shall be deemed to have commenced the rendering of services or the furnishing of materials as of June 25, 1975, but for purposes of determining the amount of such lien such person shall be deemed to have commenced the rendering of services or the furnishing of materials as of the actual date of such commencement.

Cited. 176 C. 409; 180 C. 501; Id., 545. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.

Cited. 27 CA 199.

Cited. 33 CS 552.
Conn. Gen. Stat. § 49-35b — Connecticut Code / Title 49 / Chapter 847 / Section 49-35b
Sec. 49-35b. Burden of proof at hearing. Authority of court.
Status: in_force

(b) Upon consideration of the facts before it, the court or judge may: (1) Deny the application or motion if probable cause to sustain the validity of the lien is established; or (2) order the lien discharged if (A) probable cause to sustain its validity is not established, or (B) by clear and convincing evidence its invalidity is established; or (3) reduce the amount of the lien if the amount is found to be excessive by clear and convincing evidence; or (4) order the lien discharged or reduce the amount of the lien conditioned upon the posting of a bond, with surety, in a sum deemed sufficient by the judge to indemnify the lienor for any damage which may occur by the discharge or the reduction of amount.

Cited. 180 C. 501. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583. Cited. 188 C. 253; 209 C. 185; 224 C. 29; 235 C. 595.

Cited. 5 CA 106; 6 CA 180; Id., 443; 9 CA 682; 15 CA 633; 27 CA 199; 41 CA 737. Trial court did not improperly discharge a lien under section without first holding required hearing because, despite defendant's earlier filing for a continuance, defendant failed to appear at the hearing and forfeited his rights against plaintiff. 54 CA 355. Trial court properly discharged lien, even though it did not specifically state the standard of proof it applied, since trial court's actions and duties are presumed to have been performed in conformity with the law unless it appears to the contrary. 61 CA 156. Nothing prevents a discharge order from being superseded by another discharge order made during a subsequent proceeding in the same case. 86 CA 692.

Cited. 33 CS 552.
Conn. Gen. Stat. § 49-92o — Connecticut Code / Title 49 / Chapter 847 / Section 49-92o
Sec. 49-92o. Assignment of liens by regional sewer authorities for unpaid sewer assessments or connection or use charges. Powers and rights of assignee. Contract to memorialize assignment required. Notice of assignment. Notice prior to commencing an action to foreclose lien.
Status: in_force

(b) The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity as such authority would have had if the lien had not been assigned with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection, except that any such assignee (1) shall not be insulated from liability by section 42-110c , and (2) shall be obligated to provide a payoff statement, as defined in section 49-8a , in the same manner as a mortgagee in accordance with the requirements of section 49-10a . The assignee shall have the same rights to enforce such liens as any private party holding a lien on real property, including, but not limited to, foreclosure and a suit on the debt.

(c) No such assignment executed on or after July 1, 2022, shall be valid or enforceable unless memorialized in a contract executed by the authority and the assignee that is in writing and provides: (1) The manner in which the assignee will provide to the owner of the real property that is the subject of the assignment one or more addresses and telephone numbers that may be used for correspondence with the assignee about the debt and payment thereof; (2) the earliest and latest dates by which the assignee shall commence any foreclosure or suit on the debt or the manner for determining such dates, except as may be impacted by any payment arrangement, bankruptcy petition or other circumstance, provided in no event shall the assignee commence a foreclosure suit before one year has elapsed since the assignee's purchase of the lien; (3) the structure and rates of attorney's fees that the assignee may claim against the owner or owners of such real property in any foreclosure, suit on the debt or otherwise, and a prohibition from using as foreclosure counsel any attorney or law office that is owned by, employs or contracts with any person having an interest in such assignee; (4) confirmation that the owner of the real property for which the lien has been filed shall be a third-party beneficiary entitled to enforce the covenants and responsibilities of the assignee as contained in the contract; (5) a prohibition on the assignee assigning the lien without the municipality's prior written consent; (6) the detail and frequency of reports provided to the municipality's tax collector regarding the status of the assigned liens; (7) confirmation that the assignee is not ineligible, pursuant to section 31-57b , to be assigned the lien because of occupational safety and health law violations; (8) disclosure of (A) all resolved and pending arbitrations and litigation matters in which the assignee or any of its principals have been involved within the last ten years, except foreclosure actions involving liens purchased from or assigned by governmental entities, (B) all criminal proceedings that the assignee or any of its principals has ever been the subject, (C) any interest in the subject property held by the assignee or any of its principals, officers or agents, and (D) each instance in which the assignee or any of its principals was found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public contract; and (9) such additional terms to which the municipality and the assignee mutually agree consistent with applicable law.

(d) The assignee, or any subsequent assignee, shall provide written notice of an assignment, not later than sixty days after the date of such assignment, to the owner and any holder of a mortgage on the real property that is the subject of the assignment, provided such owner or holder is of record as of the date of such assignment. Such notice shall include information sufficient to identify (1) the property that is subject to the lien and in which the holder has an interest, (2) the name and addresses of the assignee, and (3) the amount of unpaid taxes, interest and fees being assigned relative to the subject property as of the date of the assignment.

(e) Not less than sixty days prior to commencing an action to foreclose a lien assigned under this section, the assignee shall provide a written notice, by first-class mail to the holders of all first or second security interests on the property subject to the lien that were recorded before the date the assessment of such lien became delinquent. Such notice shall set forth: (1) The amount of unpaid debt owed to the assignee as of the date of the notice; (2) the amount of any attorney's fees and costs incurred by the assignee in the enforcement of the lien as of the date of the notice; (3) a statement of the assignee's intention to foreclose the lien if the amounts set forth pursuant to subdivisions (1) and (2) of this subsection are not paid to the assignee on or before sixty days after the date the notice is provided; (4) the assignee's contact information, including, but not limited to, the assignee's name, mailing address, telephone number and electronic mail address, if any; and (5) instructions concerning the acceptable means of making a payment on the amounts owed to the assignee as set forth pursuant to subdivisions (1) and (2) of this subsection. Any notice required under this subsection shall be effective upon the date such notice is provided.

(f) When providing the written notice required under subsection (e) of this section, the assignee may rely on the last recorded security interest of record in identifying the name and mailing address of the holder of such interest, unless the holder of such interest is the plaintiff in an action pending in Superior Court to enforce such interest, in which case the assignee shall provide the written notice to the attorney appearing on behalf of the plaintiff.

(g) Each aspect of a foreclosure, sale or other disposition under this section, including, but not limited to, the costs, attorney fees, method, advertising, time, date, place and terms, shall be commercially reasonable. Costs and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each person having title to any property subject to the proceedings. Such costs and fees may be collected by the assignee at any time after demand for payment has been made by the assignee.
Conn. Gen. Stat. § 49-24e — Connecticut Code / Title 49 / Chapter 846 / Section 49-24e
Sec. 49-24e. Contract for sale of property in foreclosure by market sale.
Status: in_force

(b) Unless otherwise prohibited by applicable law, not later than thirty days after the receipt of such contract and the documentation evidencing consent, or not later than thirty days after the satisfaction or expiration of any contingencies in the contract that must either have been satisfied or expired before the foreclosure action may be commenced to consummate the sale, whichever thirty-day time frame is later, the mortgagee shall commence a foreclosure by market sale by writ, summons and complaint. Any such complaint shall claim, in the prayer for relief, a foreclosure of the mortgage pursuant to sections 49-24 to 49-24g , inclusive, and sections 49-26 to 49-28 , inclusive, and shall contain a copy of the contract between the mortgagor and the purchaser as well as a copy of the appraisal obtained pursuant to section 49-24c . If the mortgagee has already commenced a foreclosure action at the time of either receipt of such contract or such satisfaction or expiration, then, not later than thirty days after the latest of such receipt, satisfaction or expiration, the mortgagee shall make a motion for judgment of foreclosure by market sale in accordance with the provisions of section 49-24f and attach the contract and appraisal to the motion. No mortgagee may require the employ or use of a particular list of persons licensed under chapter 392 as a condition of approval of an offer. No mortgagee may require the use of an auction or other alternative method of sale as a condition of approval of an offer once the listing agreement required pursuant to section 49-24d has been executed by the mortgagor. Nothing in this section shall be construed as requiring either the mortgagee or mortgagor to approve any offer that is made pursuant to this section.
Conn. Gen. Stat. § 49-73e — Connecticut Code / Title 49 / Chapter 847 / Section 49-73e
Sec. 49-73e. Precedence and priority of liens.
Status: in_force

Cited. 192 C. 653.

Cited. 38 CS 722.
Conn. Gen. Stat. § 49-22 — Connecticut Code / Title 49 / Chapter 846 / Section 49-22
Sec. 49-22. Execution of ejectment on foreclosure judgment. Disposition of property.
Status: in_force

(b) Before any such removal, the state marshal charged with executing upon the ejectment shall give the chief executive officer of the town twenty-four hours' notice of the ejectment, stating the date, time and location of such ejectment as well as a general description, if known, of the types and amount of property to be removed from the land and delivered to the designated place of storage. At least five business days before giving such notice to the chief executive officer of the town, the state marshal shall use reasonable efforts to locate and notify the person or persons in possession of the date and time such ejectment is to take place and of the possibility of a sale pursuant to subsection (c) of this section and shall provide clear instructions as to how and where such person or persons may reclaim any possessions and personal effects removed and stored pursuant to this section, including a telephone number that such person or persons may call to arrange release of such possessions and personal effects.

(c) Whenever a mortgage or lien upon land has been foreclosed and execution of ejectment issued, and the possessions and personal effects of the person in possession thereof are removed by a state marshal under this section, such possessions and effects shall be delivered by such marshal to the designated place of storage. Such removal, delivery and storage shall be at the expense of such person. If the possessions and effects are not reclaimed by such person and the expense of the storage is not paid to the chief executive officer within fifteen days after such ejectment, the chief executive officer shall sell the same at public auction, after using reasonable efforts to locate and notify such person of the sale and after posting notice of the sale for one week on the public signpost nearest to the place where the ejectment was made, if any, or at some exterior place near the office of the town clerk. The chief executive officer shall deliver to such person the net proceeds of the sale, if any, after deducting a reasonable charge for storage of such possessions and effects. If such person does not demand the net proceeds within thirty days after the sale, the chief executive officer shall turn over the net proceeds of the sale to the town treasury.

Section not unconstitutional as infringing right of trial by jury. 46 C. 513. Action of administrator of deceased mortgagee who foreclosed in taking out execution after his death irregular. 79 C. 682. Right of mortgagee to possession of property; 75 C. 369; 83 C. 159; 87 C. 405; effect of stay of execution; 74 C. 683; appeal stays execution; 89 C. 413; if law day has passed, Supreme Court may extend time. 70 C. 92; 85 C. 383. Illegal ejectment against tenant not a party to foreclosure. 102 C. 437; 114 C. 93. Actual possession can be secured only by this method or by supplementary proceedings. 102 C. 649. Officer holding execution of ejectment need not make demand for payment of debt; care which officer must exercise in handling personal property. 114 C. 438. Sec. 47a-23c shields tenants who qualify for its protections from executions of judgments of ejectment pursuant to this section. 237 C. 679. Subsec. (a) prohibits issuance of an execution of ejectment against tenant who was not named as a party to the foreclosure action. 265 C. 741.

Injunction issued against execution of ejectment determined to be in violation of constitutional due process rights of tenants who were given no notice of the foreclosure action against owner of property occupied by the tenants. 38 CS 70. Cited. 43 CS 467.
Conn. Gen. Stat. § 49-31q — Connecticut Code / Title 49 / Chapter 846 / Section 49-31q
Sec. 49-31q. Successor in interest in foreclosed property. Termination of tenant lease and assumption of interest subject to tenant lease.
Status: in_force

(b) In the case of any foreclosure on any federally-related mortgage loan, as that term is defined in 12 USC 2602(1), the Real Estate Settlement Procedures Act of 1974, or on any residential real property in which a recipient of assistance under 42 USC 1437(o), the federal Housing Choice Voucher Program, resides, the immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to the lease between the prior owner and the tenant and to the housing assistance payments contract between the prior owner and the public housing agency for the occupied unit, except that this provision and the provisions related to foreclosure in subsection (a) of this section shall not affect any state or local law that provides longer time periods or other additional protections for tenants.
Conn. Gen. Stat. § 49-4b — Connecticut Code / Title 49 / Chapter 846 / Section 49-4b
Sec. 49-4b. Open-end mortgage as security for guaranty of an open-end loan. Mortgage deed requirements. Description of loan and secondary liability.
Status: in_force

(b) The heading of such mortgage deed shall be clearly entitled “Open-End Mortgage”.

(c) The loan constituting the underlying obligation for which the mortgagor is secondarily liable, which secondary liability is secured by such open-end mortgage, shall be described in such open-end mortgage deed. A description of such loan meets the requirements of this subsection if such open-end mortgage deed states: (1) The name and address of the person who is primarily liable for such loan; (2) that such underlying obligation specifically permits such advancements and, if applicable, that such advancements are made pursuant to a revolving loan agreement; (3) the full amount of the loan authorized; and (4) the maximum term of the loan.

(d) The secondary liability of the mortgagor shall be described in such open-end mortgage deed. A description of such secondary liability meets the requirements of this subsection if such open-end mortgage deed states: (1) The full amount of the obligation of the mortgagor if such amount is different from the full amount of the loan authorized for the underlying obligation; and (2) the date, if any, on which the secondary liability of the mortgagor will terminate.

(e) As used in this section, “mortgagee” includes any assignee of the mortgagee, and “mortgagor” includes any assignee of the mortgagor, and “any person who is secondarily liable” includes any person who has guaranteed or endorsed an open-end loan.

(f) Nothing in this section, as in effect both before and after July 10, 1997, invalidates any mortgage that would be valid without this section.

Cited. 202 C. 566. Legislature authorized a type of secured guaranty not enforced under common law of state; mortgage subject to section enforceable only if deed satisfies section's requirements. 232 C. 294.
Conn. Gen. Stat. § 49-31f — Connecticut Code / Title 49 / Chapter 846 / Section 49-31f
Sec. 49-31f. Application for protection from foreclosure action. Qualifications. Court determination of eligibility. Stay of foreclosure action.
Status: in_force

(b) If the residential real property which is the subject of a foreclosure action is owned by more than one person, (1) no homeowner shall be deemed an unemployed person or an underemployed person, for the purposes of sections 49-31d to 49-31i , inclusive, unless the aggregate earned income of all the homeowners of the residential real property which is the subject of such foreclosure action during the twelve-month period immediately preceding the commencement of the foreclosure action is less than fifty thousand dollars and less than seventy-five per cent of the average aggregate annual earned income during the two years immediately preceding such twelve-month period for all such homeowners, and (2) all homeowners of such property other than the homeowner making application in accordance with subsection (a) of this section shall file a financial affidavit in connection with such application.

(c) The court shall determine the eligibility of such homeowner for protection from foreclosure pursuant to the provisions of sections 49-31d to 49-31i , inclusive.

(d) In determining the eligibility of a homeowner for protection from foreclosure under the provisions of sections 49-31d to 49-31i , inclusive, the court may consider any relevant facts and shall consider:

(1) The likelihood that the homeowner will be able to make timely payments on the restructured mortgage commencing at the end of the restructuring period; and

(2) The presence of any substantial prejudice to the lender or any subordinate lienor or encumbrancer which would result from a restructuring of the mortgage debt.

(e) If the court determines the equity the homeowner has in the property and hears testimony from an appraiser produced by the lender in connection with such determination, (1) the reasonable cost of the appraisal and the appraiser's appearance as a witness shall be part of the court costs to be added to the principal balance pursuant to subdivision (4) of subsection (a) of section 49-31i if a restructuring order is granted, and (2) the reasonable cost of such appraiser's appearance as a witness shall be part of the taxable costs of the action, in addition to the taxable costs for such appraisal and the appraiser's appearance as a witness at a subsequent hearing for a judgment of foreclosure if such order is not granted.

(f) If the court approves the application for protection from foreclosure and restructures the mortgage debt, the foreclosure action shall be stayed for the restructuring period. If, for a period of three months following the end of the restructuring period, there are no further proceedings to continue the foreclosure proceedings based upon a default on the mortgage as restructured, the foreclosure action shall be dismissed. The restructured mortgage debt shall have the same priority as if it had been advanced at the time the mortgage was delivered.

(g) No homeowner who files a defense to any action for foreclosure shall be eligible to make application for protection from such foreclosure pursuant to the provisions of this section.

Cited. 29 CA 541; 31 CA 260; Id., 939; 34 CA 138; 43 CA 467. Trial court properly denied defendants' application for protection from foreclosure where defendants' future earnings were speculative, they had no equity in the property, it was unlikely they would be able to make timely payments on restructured mortgage and plaintiff would be prejudiced by restructuring the mortgage. 54 CA 529. Granting of defendant's application for protection is not an appealable final judgment. 85 CA 120.

Subsec. (a):

Clear language of Subsec. denies foreclosure protection to anyone who has had a foreclosure action filed against him or her within prior 7-year period regardless of reason for its commencement and even if it was subsequently withdrawn. 103 CA 264.
Conn. Gen. Stat. § 49-10b — Connecticut Code / Title 49 / Chapter 846 / Section 49-10b
Sec. 49-10b. Residential real estate transaction involving payoff of mortgage loan. Disclosure statement prepared and sent to mortgage holder by notification agent. Form.
Status: in_force

(1) “Date of completion of the closing” means the date that payoff funds become available for transmittal to the mortgage holder;

(2) “Notification agent” means: (A) The buyer's attorney, where the buyer is represented by an attorney and the seller is represented by a separate attorney who assumes the responsibility for transmitting the mortgage payoff funds to the mortgage holder; (B) the new lender, in a refinance situation where the attorney representing the mortgagor is also the attorney representing the new lender; (C) the seller, where the seller is not represented by an attorney and the attorney representing the buyer has taken the responsibility for transmitting the payoff funds to the mortgage holder; or (D) the seller's attorney, where the buyer is represented by a separate attorney who assumes the responsibility for disbursing the mortgage payoff funds to the mortgage holder;

(3) “Mortgage holder” or “holder of the mortgage” means the owner of the mortgage or the mortgage servicer as set forth in the mortgage payoff letter provided to the notification agent;

(4) “Residential real estate transaction” means any real estate transaction involving a one-to-four family dwelling.

(b) At any residential real estate transaction involving the payoff of a mortgage loan, a disclosure statement shall be prepared by the notification agent and shall be sent by the notification agent by certified mail, return receipt requested or by confirmed facsimile transmission or by overnight carrier, to the holder of the mortgage which is to be paid off, within two business days from the date of completion of the closing. The disclosure statement shall include a copy of the payoff statement or other written authorization provided by the mortgage holder. The person or entity charged with the responsibility of securing the mortgage payoff statement shall transmit a copy of such payoff statement in a timely manner to the notification agent but, in any event, not later than the date of closing. To the extent not shown on the payoff statement, the disclosure statement shall identify the mortgage, the names of the mortgagors or borrowers, the loan number, the property address and the date of completion of the closing. The disclosure statement shall direct that, if funds are not received by the mortgage holder within five business days from the date of completion of the closing, notice of that fact shall be given to the notification agent. Such statement shall include the name, address, telephone and fax number, if available, of the notification agent. Such disclosure statement may be in substantially the following form:

NOTIFICATION

Please be advised that a loan from ..., (lender) to .... (mortgagor) dated .... and recorded in the land records in the town of .... in volume .... at page .... bearing loan number .... secured by a mortgage on .... (address), or as otherwise shown on the attached payoff statement, was paid at closing on .... (date of completion of the closing). If you do not receive the mortgage payoff funds within five business days of the date of completion of the closing, you are directed to notify this office immediately as follows:

Notification agent's name .... Address .... Telephone number .... Fax number ....
Conn. Gen. Stat. § 49-24a — Connecticut Code / Title 49 / Chapter 846 / Section 49-24a
Sec. 49-24a. Definitions.
Status: in_force

(1) “Mortgage” means a mortgage deed, deed of trust or other equivalent consensual security interest on residential real property securing a loan made primarily for personal, family or household purposes that is first in priority over any other mortgages or liens encumbering the residential real property, except those liens that are given priority over a mortgage pursuant to state or federal law;

(2) “Mortgagee” means the owner or servicer of the debt secured by a mortgage;

(3) “Mortgagor” means the owner-occupant of residential real property located in this state who is also the borrower under the loan that is secured by a mortgage, other than a reverse annuity mortgage, encumbering such residential real property that is the primary residence of such owner-occupant, where the amount due on such mortgage loan, including accrued interest, late charges and other amounts secured by the mortgage, when added to amounts for which there is a prior lien by operation of law, exceeds the appraised value of the property; and

(4) “Residential real property” means a one-to-four-family dwelling occupied as a residence by a mortgagor.
Conn. Gen. Stat. § 49-60 — Connecticut Code / Title 49 / Chapter 847 / Section 49-60
Sec. 49-60. Jewelers' liens. Television and radio service dealers' liens.
Status: in_force

(b) If the debt remains unpaid for more than six months, any such jeweler, watchmaker, silversmith or television and radio service dealer may sell the article at public or private sale, and the proceeds, after first paying the expense of such sale, shall be applied in payment of the debt, the balance, if any, to be paid, in trust for the debtor, within ten days to the State Treasurer. No such sale shall be held until after thirty days' notice to the owner or legal possessor has been given by registered or certified mail at his last-known address, stating the time and place of sale. If the owner's or possessor's address is unknown, or if such registered or certified mail notice is returned, further notice shall be given by advertising the time and place of the sale in a newspaper having a substantial circulation in the locality where the sale is to take place at least thirty days in advance of the sale. No such article the value of which is more than one hundred dollars, may be sold as hereinbefore provided, unless the charges against the same equal at least one-third the value of the article.
Conn. Gen. Stat. § 49-24 — Connecticut Code / Title 49 / Chapter 846 / Section 49-24
Sec. 49-24. Court may foreclose lien or mortgage on land by sale or market sale.
Status: in_force

Nature of sale. 98 C. 152. Procedure where one of two mortgages foreclosed is invalid in part. 103 C. 743. Whether foreclosure by sale will be ordered rests in discretion of court; refusal to order held proper. 108 C. 30. Remedy of second mortgagee order of sale and not apportionment. 119 C. 455. Cited. 179 C. 232; 196 C. 172; 199 C. 368.

Cited. 11 CA 53; 13 CA 239; 21 CA 275; 23 CA 192; 35 CA 81. In the absence of motion requesting foreclosure by sale, court did not err in ordering strict foreclosure; in Connecticut, strict foreclosure is the rule, foreclosure by sale the exception. 121 CA 554.

Cited. 25 CS 516.
Conn. Gen. Stat. § 49-52 — Connecticut Code / Title 49 / Chapter 847 / Section 49-52
Sec. 49-52. Pendency of action to foreclose lien on personalty not to be notice.
Status: in_force

See title 42a, article 9 re secured transactions, sales of accounts, contract rights and chattel paper under Uniform Commercial Code.
Conn. Gen. Stat. § 49-31h — Connecticut Code / Title 49 / Chapter 846 / Section 49-31h
Sec. 49-31h. Partial payment by homeowner mandated by court as condition for granting of restructuring order.
Status: in_force

(b) For purposes of this section, “net income” shall include any unemployment benefit received by the homeowner in accordance with chapter 567.

Cited. 29 CA 541; 31 CA 260; 34 CA 138.
Conn. Gen. Stat. § 49-55a — Connecticut Code / Title 49 / Chapter 847 / Section 49-55a
Sec. 49-55a. Notice of vessel lien. Substitution of bond. Sale of vessel and satisfaction of lien.
Status: in_force

(b) The owner of the vessel, or anyone having a legal or equitable interest therein, may apply to any judge of the Superior Court, within whose jurisdiction the vessel is held or where the lienor resides, to dissolve the lien upon the substitution of a bond with sufficient surety.

(c) If no application that the lien be dissolved upon substitution of a sufficient bond, as provided herein, is made within thirty days next succeeding the filing of the notice with the Secretary of the State, the lienor may sell the vessel at public auction at the lienor's place of business or wherever the lienor may designate, provided, at least seven days prior to the sale, the lienor shall publish three times in a newspaper having general circulation in the municipality where the vessel is located a notice containing substantially the same information as filed in the notice of a vessel lien, as provided by section 49-55b , and shall notify, in writing, any holders of any prior or subsequent security interests, who have filed notice of the interest with the Secretary of the State. The proceeds of the sale, after satisfaction of any prior security interests filed with the Secretary of the State, and satisfaction of the vessel lien and satisfaction of any subsequent security interests filed with the Secretary of the State, shall be paid to the owner of record. If the amount due the owner is not claimed within one year from the date of the sale, it shall escheat to the state.
Conn. Gen. Stat. § 49-4a — Connecticut Code / Title 49 / Chapter 846 / Section 49-4a
Sec. 49-4a. Open-end mortgages, United States or its instrumentalities and certain banks authorized to hold.
Status: in_force

(b) Advancements may be made by a mortgagee, or the assignee of any mortgagee under an open-end mortgage to the original mortgagor, or to the assign or assigns of the original mortgagor who assumes the existing mortgage, or any of them, and the mortgage debt and future advances shall, from the time the mortgage deed is recorded, be a part of the debt due the mortgagee, and be secured by the mortgage equally with the debts and obligations secured thereby at the time of recording the mortgage deed for record and have the same priority over the rights of others who may acquire any rights in, or liens upon, the mortgaged real estate subsequent to the recording of the mortgage deed, provided: (1) The heading of the mortgage deed shall be clearly entitled “Open-End Mortgage”; (2) the mortgage deed shall state the full amount of the loan therein authorized; (3) the mortgage deed shall contain specific provisions permitting the advancements; (4) the advancements shall not exceed the difference between the indebtedness at the time of the advancement and the full amount of the loan authorized in the mortgage deed; (5) the advancements shall be secured or evidenced by the original note or notes signed by the original mortgagor, or original mortgagors, or any assign or assigns of the original mortgagor who assume the existing mortgage, or any of them; (6) the mortgage shall not secure any advances made after twenty years from the date of the original mortgage; (7) the original mortgagor or original mortgagors or any assign or assigns of the original mortgagor who assume the existing mortgage, or any of them, are hereby authorized to record a written notice terminating such optional future advances secured by the mortgage, or limiting the advances to not more than the amount actually advanced at the time of the recording of the notice, provided a copy of the written notice shall also be sent by registered or certified mail, postage prepaid and return receipt requested, to the mortgagee or a copy of the written notice shall be delivered to the mortgagee by a proper officer or an indifferent person and a receipt for the same received from the mortgagee, and the notice, unless otherwise specified in the notice, shall be effective from the time it is received by the mortgagee; (8) except that, if the optional future advance or advances are made by the mortgagee or the assignee of any mortgagee, to the original mortgagor, original mortgagors or any assign or assigns who assume the existing mortgage or any of them, after receipt of written notice of any subsequent mortgage, lien, attachment, lis pendens, legal proceeding or adjudication against the real property, then the amount of the advance shall not be a priority as against the mortgage, lien, attachment, lis pendens or adjudication of which the written notice was given; (9) any notice given to the mortgagee under the terms of this subsection shall be deemed valid and binding upon the original mortgagee or any assignee of the original mortgagee from the time of the receipt of the notice by the mortgagee or assignee.

Cited. 202 C. 566.
Conn. Gen. Stat. § 49-53 — Connecticut Code / Title 49 / Chapter 847 / Section 49-53
Sec. 49-53. Duty of officer serving process in such action. Record by town clerk.
Status: in_force

(b) The town clerk at whose office any such copy is left shall keep the same on file for the inspection of all persons having any interest in the estate therein described. The town clerk shall endorse on all such copies the date of their reception, and shall plainly number them as they are received, consecutively. He shall also keep a book in which he shall index the copies, referring to their numbers, under the plaintiff's name as grantee and the defendant's name as grantor.
Conn. Gen. Stat. § 49-55d — Connecticut Code / Title 49 / Chapter 847 / Section 49-55d
Sec. 49-55d. Obtaining of lien without possession of vessel. Writ of attachment. Judicial sale.
Status: in_force

(b) A copy of the complaint shall be personally served by a state marshal or other proper officer upon the owner of the vessel or left at the owner's usual place of abode if the owner is a resident of this state. If the owner is not a resident of this state, then a copy of the complaint shall be served upon such person as may be in charge of the vessel and the state marshal shall send a notice of the complaint and the attachment of the vessel to the owner by certified mail at such owner's last-known residence.

(c) The owner or the owner's representative shall have thirty days next succeeding the date the complaint is returnable to the proper court to file an affidavit with the court controverting any material allegations contained in the complaint and an affidavit that the owner has a valid defense. The issues so raised shall be tried as all other issues in the court. If the owner or the owner's legal representative does not file the necessary affidavits, the lienor may make a motion for judgment and order of sale which shall be heard on short calendar by the court having jurisdiction, which motion the court shall have the power to grant and the court shall order the sale of the vessel by the state marshal or other proper officer at public auction, subject to all prior encumbrances on file with the Secretary of the State, provided, at least seven days prior to the sale, a notice of the time, place and purpose of the sale shall be published in a newspaper having general circulation where the vessel was located at the time of the attachment, and notice of same shall be sent by certified mail to the owner of the vessel at such owner's last-known place of residence and to all other holders of valid security interests on file with the office of the Secretary of the State. The proceeds of the sale, after payment of all expenses connected with the sale and payment of any balance due on any valid security interest perfected before the vessel lien was filed, and satisfaction of the vessel lien and satisfaction of any valid security interest subsequent to the vessel lien presented for payment, shall be paid to the owner. If the amount due the owner is not claimed within one year from the date of such sale, it shall escheat to the state.
Conn. Gen. Stat. § 49-32a — Connecticut Code / Title 49 / Chapter 847 / Section 49-32a
Sec. 49-32a. Federal liens.
Status: in_force

(b) Certification by the Secretary of the Treasury of the United States or said secretary's delegate of notices of liens, certificates or other notices affecting tax liens or other federal liens entitles them to be filed and no other attestation, certification or acknowledgment is necessary.

(c) (1) If a notice of federal tax lien or other federal lien, a refiling of a notice of tax lien or other federal lien or a notice of revocation of any certificate described in subdivision (2) of this subsection is presented to the filing officer and (A) the filing officer is the Secretary of the State, said secretary shall cause the notice to be marked, held and indexed in accordance with the provisions of section 42a-9-519 as if the notice were a financing statement within the meaning of that section; or (B) the filing officer is a town clerk, such town clerk shall endorse thereon such town clerk's identification and the date and time of receipt and forthwith record it in accordance with section 42a-9-519 . (2) If a certificate of release, nonattachment, discharge or subordination of any tax lien or other federal lien is presented to the Secretary of the State for filing, said secretary shall (A) cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, and (B) cause a certificate of discharge or subordination to be held, marked and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code. (3) If a refiled notice of federal tax lien or other federal lien referred to in subdivision (1) of this subsection or any of the certificates or notices referred to in subsection (b) of this section is presented for filing with any other filing officer specified in subsection (a) of this section, such filing officer shall record it in accordance with section 42a-9-519 if the original was recorded or, if the original was filed, permanently attach the refiled notice or the certificate to the original notice of lien and enter the refiled notice or the certificate with the date of filing in any alphabetical federal tax lien index or other federal lien index on the line where the original notice of lien is entered. (4) Upon request of any person, the filing officer shall issue a certificate showing whether there is on file, on the date and hour stated therein, any notice of federal tax lien or other federal lien or certificate or notice affecting the lien, filed on or after July 1, 1967, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for such a certificate and for a copy of any notice of federal tax lien or other federal lien or notice or certificate affecting a federal tax lien or other federal lien shall be computed in accordance with section 42a-9-525 .

(d) Except as provided by subsection (a) of section 42a-9-525 , the fee for filing and indexing each notice of lien or certificate or notice affecting the tax lien or other federal lien is: (1) For a tax lien or other federal lien on real estate, as provided in section 7-34a ; (2) for a tax lien on tangible and intangible personal property, three dollars; (3) for all other notices, including a certificate of release, discharge, subordination or nonattachment, one dollar.

Former section cited. 23 CS 380.
Conn. Gen. Stat. § 49-6a — Connecticut Code / Title 49 / Chapter 846 / Section 49-6a
Sec. 49-6a. Definitions. Interim financing policy disclosure required.
Status: in_force

(1) “Creditor” means any state bank and trust company or national banking association, state or federal savings bank, state or federal savings and loan association, state or federal credit union, licensed mortgage lender, mortgage correspondent lender or other financial institution.

(2) “Mortgage loan” means a loan which is secured by a first mortgage on one to four family residential real property located in this state;

(3) “Applicant” means any person who applies for a mortgage loan; and

(4) “Interim financing” means a short term loan, the proceeds of which are to be used by an applicant to purchase one to four family residential real property, which is due and payable upon the sale of the applicant's current residence.

(b) Each creditor who has a policy of not offering interim financing shall disclose such policy to the applicant in writing in plain language at the time the mortgage loan application is filed. The applicant shall sign the disclosure statement to acknowledge its receipt.
Conn. Gen. Stat. § 49-31s — Connecticut Code / Title 49 / Chapter 846 / Section 49-31s
Sec. 49-31s. Simultaneous filing of motions for judgment of foreclosure and for default for failure to appear permitted for vacant, abandoned and unoccupied real property.
Status: in_force

(1) Statements of neighbors, delivery persons or government employees indicating that the property is vacant and abandoned;

(2) Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken or unrepaired;

(3) Doors to the property are smashed through, broken off, unhinged or continuously unlocked;

(4) Risk to the health, safety or welfare of the public or any adjoining or adjacent property owners that exists due to acts of vandalism, loitering, criminal conduct or the physical destruction of the property;

(5) An order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;

(6) The mortgagee secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing; or

(7) A written statement issued by any mortgagor or tenant expressing the clear intent of all occupants to abandon the property.

(b) A foreclosure action shall not proceed under the expedited procedures contemplated under subsection (a) of this section if there is on the property (1) an unoccupied building undergoing construction, renovation or rehabilitation that is (A) proceeding diligently toward completion, and (B) in compliance with all applicable ordinances, codes, regulations and statutes, (2) a secure building occupied on a seasonal basis, or (3) a secure building that is the subject of a probate action to quiet title or other ownership dispute.
Conn. Gen. Stat. § 49-6b — Connecticut Code / Title 49 / Chapter 846 / Section 49-6b
Sec. 49-6b. Definitions.
Status: in_force

(1) “Person” includes individuals, partnerships, associations, limited liability companies and corporations;

(2) “Creditor” means any person or the assignee of any person who in the ordinary course of business extends credit to a consumer debtor residing in this state;

(3) “Consumer debtor” means any natural person to whom credit for personal, family or household purposes has been extended;

(4) The adjective “consumer” characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property or services which are the subject of the transaction are primarily for personal, family, or household use.
Conn. Gen. Stat. § 49-73f — Connecticut Code / Title 49 / Chapter 847 / Section 49-73f
Sec. 49-73f. Municipal ordinance providing for release or return of insurance proceeds.
Status: in_force

Cited. 192 C. 653.

Cited. 38 CS 722.
Conn. Gen. Stat. § 49-31 — Connecticut Code / Title 49 / Chapter 846 / Section 49-31
Sec. 49-31. Actions against the state.
Status: in_force

Cited. 206 C. 484. Section does not waive sovereign immunity so as to permit foreclosure of state-owned real property; term “interest” should be construed narrowly so as not to include the state's ownership interest in real property because to conclude otherwise would lead to the unreasonable and bizarre result of the state losing title and possession of state-owned properties critical to the administration of state government, contrary to the fundamental public policy that underlies the principle of sovereign immunity. 273 C. 287.

Cited. 11 CA 53.
Conn. Gen. Stat. § 49-27 — Connecticut Code / Title 49 / Chapter 846 / Section 49-27
Sec. 49-27. Disposal of proceeds of sale.
Status: in_force

Procedure. 98 C. 154. Rights of parties to fund realized from sale should be determined by a supplementary judgment. 103 C. 744. Cited. 120 C. 671. The decree of foreclosure by sale should not adjudicate the rights of the parties to the funds realized; those rights should be determined by way of supplemental judgment. 142 C. 200. On sale of four mortgaged parcels as one tract, after satisfying first mortgage debt, proceeds remaining were apportioned between second mortgagees according to the respective values of their securities and not according to a rule of priority in time. 153 C. 267. Cited. 166 C. 195; 195 C. 418; 219 C. 620; 235 C. 741.

Cited. 27 CA 549. Court's order with respect to funds from foreclosure sale was not a garnishment of funds held by court clerk and court had authority to order the clerk to hold rather than to distribute the funds pending the outcome of appeal. 87 CA 321.

Claim of mechanic's lienor which has not expired at time of mortgage sale is transferred to proceeds of sale. 20 CS 460.
Conn. Gen. Stat. § 49-73g — Connecticut Code / Title 49 / Chapter 847 / Section 49-73g
Sec. 49-73g. Insurance company not to be held liable for payments to municipality.
Status: in_force

Cited. 192 C. 653.

Cited. 38 CS 722.
Conn. Gen. Stat. § 49-31o — Connecticut Code / Title 49 / Chapter 846 / Section 49-31o
Sec. 49-31o. Consent of mortgagee required for changes. Sending of mortgage modification to mortgagor. Disclosure of information submitted to mediator.
Status: in_force

(b) (1) A mortgagee that agrees to modify a mortgage pursuant to the Ezequiel Santiago Foreclosure Mediation Program, established pursuant to section 49-31m , shall send such modification to the mortgagor for execution at least fifteen business days prior to the first modified payment due date under such modification. The mortgagee or the mortgagee's attorney may satisfy the requirements of this subdivision by sending the modification to (A) the mortgagor, or (B) if the mortgagor is represented by an attorney, the mortgagor and the mortgagor's attorney.

(2) Any failure by a mortgagee to timely send a modification pursuant to subdivision (1) of this subsection shall constitute grounds for a court to, in a pending foreclosure action, after notice and a hearing, issue an order requiring the mortgagee to send such modification in accordance with the requirements of subdivision (1) of this subsection.

(3) Any failure by a mortgagee to send a modification in accordance with the requirements of subdivision (2) of this subsection shall constitute conduct contrary to the objectives of the mediation program for the purpose of imposing sanctions under subsection (b) of section 49-31n .

(c) Information submitted by the mortgagor to a mediator, either orally or in writing, including financial documents, shall not be subject to disclosure by the Judicial Branch.
Conn. Gen. Stat. § 49-73 — Connecticut Code / Title 49 / Chapter 847 / Section 49-73
Sec. 49-73. Liens on accident and liability policies in favor of hospitals and ambulance services. Service of process on insurer and defendant.
Status: in_force

(b) Whenever the liability of the company or companies, either directly or indirectly, to the patient has been fixed, the insurance company shall pay directly to the hospital or ambulance owner, operator, association, partnership or corporation, or, in the case of the state, to the Department of Administrative Services, the amount due it, provided the amount shall be agreed upon by all of the parties interested. A receipt by the hospital or ambulance owner, operator, association, partnership, corporation or division is evidence of payment of such amount by such company or companies on account of their liability to the insured.

(c) If the interested parties do not agree concerning the amount due the hospital or ambulance owner, operator, association, partnership, corporation or division, either party may bring an action of interpleader in the judicial district in which the hospital or ambulance owner, operator, association, partnership or corporation involved is located or, in the case of the state, in the judicial district of Hartford.

(d) When an insurance company located outside the state is a defendant, service of process may be made on the Insurance Commissioner of this state, as set forth in section 38a-25 . When any such defendant is a nonresident person who has been a patient in any hospital in this state or has used the services of such ambulance owner, operator, association, partnership or corporation, that person shall be conclusively presumed, by virtue of his admission as a patient in the hospital or use of the services of the ambulance owner, operator, association, partnership or corporation, to have appointed the Secretary of the State as his agent for service of process in any action of interpleader under the provisions of this section, arising out of his treatment as such patient or because of such service, and for no other purpose. Service shall be made by delivering to and leaving with the secretary or some person designated by him to receive the process in his office two copies thereof and by paying to him the sum of five dollars. The secretary shall forthwith send by registered or certified mail one of the copies of the process to the defendant at his last-known address and shall keep a record of all process so served on him.

Cited. 37 CS 596.
Conn. Gen. Stat. § 49-38 — Connecticut Code / Title 49 / Chapter 847 / Section 49-38
Sec. 49-38. Lien on railroad for services or materials in construction.
Status: in_force

Statute includes street railways. 78 C. 292. General discussion. 83 C. 82. Cited. 169 C. 76; 180 C. 501. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.

Cited. 23 CS 380.

Cited. 2 Conn. Cir. Ct. 622.
Conn. Gen. Stat. § 49-62 — Connecticut Code / Title 49 / Chapter 847 / Section 49-62
Sec. 49-62. Form of application.
Status: in_force

“To ...., a Judge of the Superior Court for the judicial district of ....:

The application of C.D. of the Town (or City) of ...., in the County of ...., and judicial district of ...., shows that he is the owner (or sets forth other legal or equitable interest) of the following personal property, viz.:

Such personal property is now held by A.B. of the Town (or City) of ...., in the County of ...., and judicial district of .... under a claim of lien for storage of such personal property, (or for care, cartage, freight, work and material, etc., as the case may be), and that he is desirous that such lien be dissolved upon the substitution of a bond, with surety, according to the statute.

Dated at .... the .... day of ...., 20...

C.D. (or C.D. by X, his attorney).”