Sec. 49-31l. Notice of foreclosure mediation program. Request form.
Sec. 49-31l. Notice of foreclosure mediation program. Request form. (a) Prior
to July 1, 2010, when a mortgagee commences an action for the foreclosure of a mortgage
on residential real property with a return date on or after July 1, 2008, the mortgagee
shall give notice to the mortgagor of the foreclosure mediation program established in
section 49-31m by attaching to the front of the foreclosure complaint that is served on
the mortgagor: (1) A copy of the notice of the availability of foreclosure mediation, in
such form as the Chief Court Administrator prescribes, and (2) a foreclosure mediation
request form, in such form as the Chief Court Administrator prescribes.
(b) (1) Except as provided in subdivision (2) of this subsection, a mortgagor may
request foreclosure mediation by submitting the foreclosure mediation request form to
the court and filing an appearance not more than fifteen days after the return day for the
foreclosure action. Upon receipt of the foreclosure mediation request form, the court
shall notify each appearing party that a foreclosure mediation request form has been
submitted by the mortgagor.
(2) The court may grant a mortgagor permission to submit a foreclosure mediation
request form and file an appearance after the fifteen-day period established in subdivision (1) of this subsection, for good cause shown, except that no foreclosure mediation
request form may be submitted and no appearance may be filed more than twenty-five
days after the return date.
(3) No foreclosure mediation request form may be submitted to the court on or after
July 1, 2010.
(c) If at any time on or after July 1, 2008, but prior to July 1, 2010, the court determines that the notice requirement of subsection (a) of this section has not been met, the
court may, upon its own motion or upon the written motion of the mortgagor, issue an
order that no judgment may enter for fifteen days during which period the mortgagor
may submit a foreclosure mediation request form to the court.
(d) Notwithstanding any provision of the general statutes or any rule of law to the
contrary, prior to July 1, 2010, no judgment of strict foreclosure nor any judgment
ordering a foreclosure sale shall be entered in any action instituted by the mortgagee to
foreclose a mortgage on residential real property unless: (1) Notice to the mortgagor
has been given by the mortgagee in accordance with subsection (a) of this section and the
time for submitting a foreclosure mediation request form has expired and no foreclosure
mediation request form has been submitted, or if such notice has not been given, the
time for submitting a foreclosure mediation request form pursuant to subsection (b)
or (c) of this section has expired and no foreclosure mediation request form has been
submitted, or (2) the mediation period set forth in section 49-31n has expired or has
otherwise terminated, whichever is earlier.
(e) None of the mortgagor's or mortgagee's rights in the foreclosure action shall
be waived by the mortgagor's submission of a foreclosure mediation request form to
the court.
(P.A. 08-176, S. 16.)
History: P.A. 08-176 effective July 1, 2008.