Connecticut

Foreclosure process in Connecticut

Connecticut foreclosures go through court. A 60-day CHFA notice, a mediation program of up to 7 months, then strict foreclosure or sale. Deadlines and help.

In short

Foreclosure in Connecticut is a court case, not a sale at the courthouse steps. For a home in foreclosure with a return date before July 1, 2029, the owner can join the Ezequiel Santiago Foreclosure Mediation Program, whose mediation period ends after three sessions or seven months after the return date, whichever is earlier (Conn. Gen. Stat. § 49-31n). The court then orders either strict foreclosure or a foreclosure sale.

Judicial or non-judicial?

Judicial. The lender sues, and a judge enters a judgment. Chapter 846 of the General Statutes gives the court two main ways to end the case: a judgment of strict foreclosure, or a decree of sale that the court may order instead (§ 49-24). A third route, foreclosure by market sale, needs the owner’s consent and a motion by the lender on a first mortgage (§§ 49-24 to 49-24g).

Timeline, step by step

StepWhat the sources say
Missed paymentsFederal servicing rules bar a servicer from making the first foreclosure notice or filing until the loan is more than 120 days delinquent, with limited exceptions (12 CFR § 1024.41(f))
Pre-foreclosure noticeFor loans that meet the CHFA program standards, the lender must mail a certified or registered notice before starting; it gives the homeowner 60 days to meet the lender or a credit counseling agency and to contact CHFA (§ 8-265ee)
Lawsuit servedThe lender attaches the mediation notice, a certificate form and a blank appearance form to the summons and complaint (§ 49-31l)
Homeowner responseThe court’s notice tells the owner to file the appearance and mediation certificate within 15 days of the return date (§ 49-31l)
MediationEnds after the third session or 7 months from the return date, whichever is earlier, unless the court changes it (§ 49-31n)
Limits on motionsFor up to 8 months from the return date, apart from mediation-related motions and a motion to dismiss for lack of jurisdiction, neither side may make motions or demands (§ 49-31l(f))
JudgmentNo judgment of strict foreclosure or sale may enter until mediation has ended and, if fewer than eight months have passed, 15 more days have elapsed (§ 49-31l(f))
Law days or saleThe judgment sets the deadline to pay (the law day) or the sale date; the court appoints an appraiser before any sale (§ 49-25)
PossessionThe court may issue an execution of ejectment; the officer must wait at least 5 business days after serving it (§ 49-22)

The statutes do not set a total length for a foreclosure case. How long yours takes depends on the court, mediation and any defenses. The judge, not a statute, sets the law day in a strict foreclosure judgment.

Mediation and what it covers

The mediation program covers one- to four-family homes that are the owner’s primary residence. Mediators are Judicial Branch employees who do not give legal advice. They can address reinstatement, restructuring, a short sale, a deed in lieu and the sale date (§ 49-31m). A lender need not modify a loan without its consent (§ 49-31o). If you give the lender a complete financial package, the lender has 35 days to respond and, if it denies the request, to explain why (§ 49-31n).

Right of redemption

The sections I read set no redemption period after a ratified sale. Redemption works differently in each type of case:

  • Strict foreclosure. The owner can pay the debt and costs by the law day set in the judgment. A court may open a strict foreclosure judgment on a written motion for cause, but not after title has become absolute in an encumbrancer, with narrow exceptions (§ 49-15). A bankruptcy filing by the mortgagor automatically opens the judgment, except for its law days (§ 49-15(b)).
  • Foreclosure by sale. If the debt, interest and costs are paid before the sale, further proceedings are stayed, and the property can be redeemed any time before the court approves the sale (§ 49-25). Once the court ratifies the sale, the conveyance vests title in the buyer (§ 49-26).

Deficiency judgments

If the lender wants money beyond the property’s value, it must file a motion for a deficiency judgment within 30 days after the time limited for redemption expires. The court holds an evidentiary hearing, sets a value for the property and enters judgment for the difference, if any, between that value and the lender’s claim (§ 49-14). In a sale case where the property sells for less than its appraisal, one-half of the difference between the appraised value and the selling price must be credited to the debt before the lender can collect more (§ 49-28).

Help for homeowners in default

  • CHFA Emergency Mortgage Assistance Program (EMAP). It may help owner-occupants who fell behind because of a hardship beyond their control. Assistance cannot exceed 60 months, and assets over $100,000 must go toward the delinquency (CHFA).
  • Free counseling. CHFA lists HUD-approved agencies that offer foreclosure prevention workshops and one-on-one counseling at no charge.
  • Mediation. File the appearance and certificate within 15 days of the return date.
  • Federal protections. Once a complete loss mitigation application is in, the servicer’s ability to move for judgment or sale is limited (12 CFR § 1024.41).

For selling instead, see our seller disclosure guide and real estate attorney guide. For possible tax effects of a sale, see capital gains on a home sale.

Frequently asked questions

Does Connecticut foreclose through the courts?

Yes. A judge enters the judgment, and the court orders either strict foreclosure or a foreclosure sale.

Can I stop a foreclosure by selling my home?

You can sell if the sale completes in time. For foreclosure by sale, paying the debt, interest and costs before the sale stays all further proceedings, and you can redeem any time before the court approves the sale. Mediation can also address a short sale.

How long do I have to respond to the foreclosure papers?

The court’s mediation notice tells you to file the appearance and the foreclosure mediation certificate within 15 days of the return date.

Can the lender sue me for the balance after foreclosure?

Possibly. The lender must file a motion within 30 days after the redemption period expires. The court sets a value for the property and can enter judgment for the difference.

Who can help me for free?

CHFA lists HUD-approved counseling agencies that offer foreclosure prevention counseling free of charge, and the Judicial Branch runs the mediation program.

Compare with the other states: Foreclosure by state.

More Connecticut guides

Sources

Connecticut · All states · Federal guides