- Type
- Judicial. Foreclosure is a court process. The court uses strict foreclosure unless it orders a sale.
- FHA time frame
- HUD's time frame for FHA loans: 21 months from the first legal action to clear title and possession.
- Law day
- You can redeem until your law day passes. After that, the right to redeem is cut off.
- Mediation
- A court program for owner-occupied 1 to 4 family homes. Ask within 15 days of the return date.
How a Connecticut foreclosure works, step by step
- Generally, the legal foreclosure process can't start until you're at least 120 days behind.
- Before a case is filed, the lender must give you an EMAP notice about the state's emergency mortgage help. Courts treat that notice as a condition that must be met before filing. The lender must then file a sworn statement with the court saying it sent the notice and that the waiting period has run.
- The case starts when you get a summons and complaint. In a home foreclosure, a court notice titled "You Are Being Sued and You Are in Danger of Losing Your Property" must sit on top. If you don't file an Appearance form, you won't get important notices, and the court may enter a default judgment against you.
- To ask for mediation, file the Foreclosure Mediation Certificate and an Appearance no later than 15 days after the return date on your summons. The lender can't file for judgment until at least 30 days after the return date.
- If the lender wins, the court enters a judgment. It's strict foreclosure unless the court orders a sale. In strict foreclosure, the owner has until the law day to redeem, which means paying off what the court found is owed.
- If no one redeems by the law day, the right to redeem is cut off and title passes to the lender. If the court ordered a sale instead, the auction is on a Saturday at noon at the property, unless the court orders otherwise, and the court must approve the sale.
- If you're still in the home, the court can issue an execution of ejectment. The officer can't remove you until at least five business days after it's served.
- Within thirty days after the time to redeem ends, a party to the case can ask the court for a deficiency judgment.
The court's foreclosure mediation program
You're eligible if you signed the note, you own and live in the home as your main home, it's a 1 to 4 family home in Connecticut, and your case is a mortgage foreclosure. There's no application fee. You don't have to take part, but if you're eligible and file the certificate, the bank must.
- First, your bank must send you and the mediator a package of financial forms within 35 days of the return date.
- The first stage, called premediation, usually ends 84 days after the return date.
- Mediation ends after 7 months from the return date or 3 sessions, whichever comes first. You can ask the court to extend it.
- While mediation is open, the court can't enter a judgment of strict foreclosure or order a sale until the mediation period ends.
- Sessions can cover ways to keep the home, like reinstatement, repayment plans and loan modifications, and ways to leave, like a sale, a short sale or a deed in lieu.
The law doesn't make the lender modify your loan without its consent. And mediation doesn't halt the case unless you reach a settlement.
If you qualify, I'd ask for it. It buys time to look at every option with someone neutral in the room.
EMAP: state help to get current
The Connecticut Housing Finance Authority's EMAP may help homeowners who have fallen behind, or expect to, on their mortgage or certain other home costs. It can pay to bring the loan current, and some homeowners also get help with monthly payments.
- You must be the borrower and live in the home.
- If you've received a notice of foreclosure, you must first try to work out the delinquency with your lender before you apply.
- You don't repay the help until you transfer title, stop living there as your main home, or take cash-out or new mortgage financing, with some exceptions.
Catching up or paying off before the law day or sale
If you ask in writing, your lender must give you a written payoff or reinstatement statement by the date you name, as long as that date is at least seven business days after it gets your request. The lender doesn't have to give a reinstatement figure if your loan papers and the law don't give you a right to cure and reinstate.
In a sale case, if what the court found due, plus interest and costs, is paid before the sale, the rest of the case is put on hold. In strict foreclosure, the court can open and change the judgment on a written motion if there's cause shown, but not after title has become absolute in the lender, except in limited cases.
So the law day is the deadline that matters. Don't wait for it to get close before you act.
Strict foreclosure or a court sale
Courts have held that if a home is worth much more than the debt being foreclosed, it's an abuse of discretion to refuse a sale. When a sale is ordered, the court appoints a neutral appraiser who appraises the home under oath.
- The winning bidder must close between 21 and 30 days after notice that the court approved the sale.
- A third path, foreclosure by market sale, is a court-approved sale on the open market. The lender must ask for it and you must agree.
How long it takes
Foreclosure generally can't legally start until you're at least 120 days behind. Once it starts, how long you have until the sale depends on your state.
For FHA loans, HUD's time frame runs from the first legal action until the lender has clear title to the home and possession of it. In Connecticut, that's 21 months, and the first legal action is delivering the complaint to the sheriff.
The lender can't move for judgment until 30 days after the return date. If you're in mediation, the court can't enter judgment until the mediation period ends, which is 7 months from the return date or 3 sessions, whichever comes first, unless the court extends it. After that, the law day the court sets is your last day to redeem.
These are official markers, not a forecast. Your case can move faster or slower, so don't count on extra time.
Deficiency, surplus and redemption
Any party to the foreclosure can ask for a deficiency judgment within thirty days after the time to redeem ends. At a hearing, the court sets a value for the home and gives the lender a judgment for any difference between that value and its claim.
After a court sale that brings less than the court appraisal, the lender can't get a judgment for the rest of the debt until half the gap between the appraisal and the sale price is credited to the debt.
After a sale, owners are told to check with the court clerk to learn whether any money from the sale may be paid out to them. Once the court confirms a sale, your rights in the home end, and any claim you have is to the sale money, not the house.
Protections when you sell, lease or get offers
- The court's notice warns that people may contact you offering to help you avoid foreclosure. It says to get legal advice before any deal involving your house or before paying anyone, and not to sign papers you don't understand.
- The Attorney General warns of rent-to-buy offers where you give up title, stay as a renter and plan to buy the home back later.
- In Connecticut, debt negotiators must be licensed by the Department of Banking. You can cancel a debt negotiator's contract within three business days of signing, and they can't charge fees up front.
- Under federal law, mortgage relief companies can't collect fees until you've received an offer of relief from your lender and accepted it.
- No one can tell you to stop talking to your lender. It's illegal for a mortgage relief company to do that.
The court's warning fits every offer, including mine: get advice before you sign. A lease option or taking over payments can look like the rent-to-buy deals above, so read every page. And don't stop talking to your lender while you weigh any offer.
Free help in Connecticut
- CHFA: foreclosure prevention resources. CHFA and its partner counseling agencies offer their programs at no charge.
- CT Judicial Branch: Foreclosure Mediation Program. Forms, FAQs and how to ask for mediation.
- CT Judicial Branch: Volunteer Attorney Program. Where and when volunteer foreclosure lawyers are at the courthouse.
- CT Department of Banking: avoiding foreclosure. The state's foreclosure hotline and resource list.
- CT Attorney General: mortgage assistance scams. How to spot a mortgage relief scam.
- CFPB: find a housing counselor. Search HUD-approved counseling agencies in Connecticut.