Sec. 8-265ee. Notice to mortgagee of foreclosure. Meeting or conference with mortgagee or consumer credit counseling agency.
Sec. 8-265ee. Notice to mortgagee 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), (3), (10), (11) and (12) of subsection (d) of section 8-265ff, shall give notice to the 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 mortgagor of his delinquency or other default under the mortgage and
shall state that the mortgagor 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 mortgagor and mortgagee are unable to resolve the delinquency or default.
(b) If the mortgagor 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 mortgagor'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 mortgagor's application for emergency mortgage assistance payments is not
approved by the date thirty calendar days after the date of receipt of the mortgagor's
application in accordance with the provisions of section 8-265ff, the foreclosure of
the mortgagor's mortgage may, at any time thereafter, 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 mortgagor
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 mortgagor's
application for emergency assistance payments was not approved by the date thirty
calendar days after the date of receipt of the mortgagor'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 mortgagor and the mortgagee
reach an agreement to resolve the delinquency or default and, because of financial hardship due to circumstances beyond the mortgagor's control, the mortgagor is unable to
fulfill the obligations of the agreement, the mortgagor 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 mortgagor other
than the notice required under subsection (a) of this section.
(d) No person receiving financial relief under sections 8-265cc to 8-265kk, inclusive, may file a defense, counterclaim or set-off to any action for foreclosure of the
mortgage for which such financial relief was provided.
(e) Nothing in sections 8-265cc to 8-265kk, inclusive, shall prevent a mortgagor
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 (d) of section 8-265ff.
(P.A. 93-414, S. 3, 10; P.A. 94-185, S. 3, 10; P.A. 08-176, S. 7.)
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.