Connecticut General Statutes
Chapter 846 - Mortgages
Section 49-10a. - Request for payoff statement or reinstatement payment statement.

(a) A mortgagee shall, upon written request of the mortgagor or the mortgagor's attorney or other authorized agent provide a payoff statement or reinstatement payment statement in writing to the person requesting the payoff statement or reinstatement payment statement on or before the date specified in such request, provided such request date is at least seven business days after the date of receipt of the written request. If the request is made in connection with a default, the mortgagor's attorney may make such written request directly to the mortgagee, provided such written request contains a representation that the person requesting the payoff statement or reinstatement payment statement is the mortgagor's attorney and that the mortgagor has authorized the request.

(b) If the mortgagee fails to provide the payoff statement or reinstatement payment statement on or before such request date, the mortgagee shall not be entitled to the payment of any interest on the mortgage loan which is secured by such mortgage which accrues after the expiration of such request date. If the mortgagee provides the payoff statement or reinstatement payment statement to the person requesting such statement after the expiration of such request date, interest on the mortgage loan which accrues after the receipt of the payoff statement or the reinstatement payment statement by the person who has requested it shall again be payable. The burden of proof shall be on the mortgagor with respect to the receipt by the mortgagee of the mortgagor's request for a payoff statement or a reinstatement payment statement of the mortgage loan, and thereafter shall be on the mortgagee with respect to the receipt of the payoff statement or reinstatement payment statement by the mortgagor or the mortgagor's attorney or other authorized agent.
(c) The mortgagee shall not impose any fee or charge for the first payoff statement or reinstatement payment statement requested within a calendar year, unless the mortgagor or the mortgagor's attorney or other authorized agent requests expedited delivery of such statement, agrees to pay a fee for such expedited delivery and the statement is provided by the agreed upon date.
(d) For the purposes of this section, “reinstatement payment statement” means a statement setting forth the total sum owed by a mortgagor to a mortgagee, which, if paid, will cause the loan to be reinstated, provided any other contractual conditions for reinstatement are satisfied.
(e) Nothing in this section shall create an obligation on the part of the mortgagee to provide a reinstatement payment statement if a right to cure the payment default and reinstate the mortgage loan does not exist under the mortgage loan documents or at law.
(P.A. 83-564, S. 2; P.A. 86-341, S. 2; P.A. 95-102, S. 3; P.A. 01-34, S. 15; P.A. 07-210, S. 2; P.A. 08-58, S. 1.)
History: P.A. 86-341 deleted former provisions and added new provision re request for payoff statement for mortgage on real estate located in this state which has been assigned; P.A. 95-102 deleted condition limiting applicability of provisions to assignments of mortgages on real estate located within state; P.A. 01-34 added provisions re fee or charge for the first payoff statement provided in a calendar year; P.A. 07-210 inserted Subsec. designators (a), (b) and (c), amended Subsec. (a) to make technical changes and add provision authorizing mortgagor's attorney to make written request directly to mortgagee if request is made in connection with a default and contains a representation that the requester is mortgagor's attorney and mortgagor has authorized request, and amended Subsec. (b) to make technical changes; P.A. 08-58 added provisions re reinstatement payment statements, made conforming changes, amended Subsec. (a) to change request date requirement from 10 to 7 business days and added Subsec. (d) re definition of “reinstatement payment statement” and Subsec. (e) re limitation on provision of reinstatement payment statement when right to cure payment default and reinstate mortgage loan does not exist.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 49 - Mortgages and Liens

Chapter 846 - Mortgages

Section 49-1. - When foreclosure a bar to further action on debt.

Section 49-2. - Inclusion of taxes and other items as part of mortgage debt. Open-end mortgage. Reverse annuity mortgage. Negative amortization.

Section 49-2a. - Interest on funds held in escrow for payment of taxes and insurance.

Section 49-2b. (Formerly Sec. 37-10). - Interest on escrow accounts; regulations of Banking Commissioner.

Section 49-2c. - Exceptions.

Section 49-3. - Mortgage securing future advancements.

Section 49-4. - Mortgages by U.S. government and certain credit associations and banks to secure future advancements.

Section 49-4a. - Open-end mortgages, United States or its instrumentalities and certain banks authorized to hold.

Section 49-4b. - Open-end mortgage as security for guaranty of an open-end loan. Mortgage deed requirements. Description of loan and secondary liability.

Section 49-4c. - Mortgage as security for obligations under an electricity purchase agreement.

Section 49-5. - Mortgages on property of public service companies.

Section 49-5a. - Master mortgage recording.

Section 49-5b. - Required information in a mortgage contingency clause.

Section 49-6. - Trust mortgages.

Section 49-6a. - Definitions. Interim financing policy disclosure required.

Section 49-6b. - Definitions.

Section 49-6c. - Notice of late fee required. Exception.

Section 49-6d. - Legal representation.

Section 49-7. - Agreements concerning expenses and attorneys' fees.

Section 49-7a. - Lenders prohibited from requiring multiple original notes.

Section 49-7f. - Mortgage brokers and lenders prohibited from referring buyers of real property to a real estate broker, salesperson or attorney for a fee or commission. Suspension or revocation of licenses.

Section 49-8. - Release of satisfied or partially satisfied mortgage or ineffective attachment, lis pendens or lien. Damages.

Section 49-8a. - Release of mortgage. Affidavit. Recording of affidavit with town clerk. Penalty for recording false information.

Section 49-9. - Release of mortgage, mechanic's lien or power of attorney. Form of instrument. Index. Operation of executed release.

Section 49-9a. - Validation of release of mortgage. Affidavit.

Section 49-10. - Assignment of mortgage debt. Form of instrument. Requirements. Sufficient notice of assignment. Allocation of recording fees paid by a nominee of a mortgagee. Operation of executed assignment.

Section 49-10a. - Request for payoff statement or reinstatement payment statement.

Section 49-10b. - Residential real estate transaction involving payoff of mortgage loan. Disclosure statement prepared and sent to mortgage holder by notification agent. Form.

Section 49-11. - Release of mortgage by executor, administrator, spouse, next of kin, guardian, conservator or other suitable person.

Section 49-12. - Release of mortgage by foreign executor, administrator, trustee, conservator or guardian.

Section 49-13. - Petition for discharge of mortgage or ineffective attachment, lis pendens or lien.

Section 49-13a. - Undischarged mortgage invalid as further lien. Time periods. Tolling of time period by recording notice.

Section 49-14. - Deficiency judgment.

Section 49-15. - Opening of judgments of strict foreclosure.

Section 49-16. - Foreclosure certificate. Penalty.

Section 49-17. - Foreclosure by owner of debt without legal title.

Section 49-17a. - Collection of rental payments without legal title.

Section 49-18. - Foreclosure by executor, administrator or trustee.

Section 49-19. - Title to vest in encumbrancer paying debt and costs.

Section 49-20. - Redemption by holder of encumbrance on part of property foreclosed.

Section 49-21. - Defendant to receive and file certificate of satisfaction or certificates of judgment of strict foreclosure or foreclosure by sale.

Section 49-22. - Execution of ejectment on foreclosure judgment. Disposition of property.

Section 49-22a. - Execution of ejectment on foreclosure judgment on mortgage guaranteed by Administrator of Veterans' Affairs.

Section 49-23. - Ejectment by mortgagee barred by tender of debt and costs.

Section 49-24. - Court may foreclose lien or mortgage on land by sale or market sale.

Section 49-24a. - Definitions.

Section 49-24b. - Agreement to pursue foreclosure by market sale.

Section 49-24c. - Appraisal of property in foreclosure by market sale.

Section 49-24d. - Listing agreement in foreclosure by market sale.

Section 49-24e. - Contract for sale of property in foreclosure by market sale.

Section 49-24f. - Judgment of foreclosure by market sale.

Section 49-24g. - Right-of-first-refusal law days.

Section 49-25. - Appraisal of property.

Section 49-26. - Conveyance; title of purchaser.

Section 49-27. - Disposal of proceeds of sale.

Section 49-28. - When proceeds of sale will not pay in full.

Section 49-29. - Expenses of sale and costs.

Section 49-30. - Omission of parties in foreclosure actions.

Section 49-30p. - Underwater mortgage: Definitions.

Section 49-30q. - Modification of underwater mortgage.

Section 49-30r. - Conveyance of property encumbered by underwater mortgage in satisfaction of mortgagor's obligation. Transfer agreement.

Section 49-30s. - Transfer agreement to convey property subject to underwater mortgage.

Section 49-30t. - Judgment of loss mitigation following agreement under section 49-30q or 49-30r.

Section 49-30u. - Judgment of loss mitigation following agreement under section 49-30s.

Section 49-30v. - Nonentry of judgment of loss mitigation.

Section 49-30w. - Junior lien on property encumbered by underwater mortgage.

Section 49-31. - Actions against the state.

Section 49-31a. - Subordination clauses.

Section 49-31b. - Information in deed sufficient notice as to nature and amount of obligation. Deed for variable rate mortgage loan.

Section 49-31c. - When subordination not subject to statute of frauds and automatically effective.

Section 49-31d. - Definitions.

Section 49-31e. - Application for protection from foreclosure.

Section 49-31f. - Application for protection from foreclosure action. Qualifications. Court determination of eligibility. Stay of foreclosure action.

Section 49-31g. - Restructuring of mortgage debt by court.

Section 49-31h. - Partial payment by homeowner mandated by court as condition for granting of restructuring order.

Section 49-31i. - Determination of restructured mortgage debt. Limitations on amount of mortgage debt following restructuring. Computation of new mortgage debt.

Section 49-31j. - Regulations.

Section 49-31k. - Definitions.

Section 49-31l. - Foreclosure mediation: Notice of foreclosure mediation program. Forms. Procedure. Stay of litigation.

Section 49-31m. - Ezequiel Santiago Foreclosure Mediation Program.

Section 49-31n. - Mediation period. Information required. Termination of program.

Section 49-31o. - Consent of mortgagee required for changes. Disclosure of information submitted to mediator.

Section 49-31p. - Successor in interest in foreclosed property secured by federally-related mortgage loan. Assumption of interest limited. Definitions.

Section 49-31q. - Successor in interest in foreclosed property. Termination of tenant lease and assumption of interest subject to tenant lease.

Section 49-31r. - Foreclosure mediation: Notice of community-based resources.

Section 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.

Section 49-31t and 49-31u. - Eligibility for foreclosure mediation program after consent to foreclosure by market sale. Foreclosure mediation program: Certificate of good standing.

Section 49-31v. - Foreclosure mediation program: Funding.