The proceeds of each such sale shall be brought into court, there to be applied if the sale is ratified, in accordance with the provisions of a supplemental judgment then to be rendered in the cause, specifying the parties who are entitled to the same and the amount to which each is entitled. If any part of the debt or obligation secured by the mortgage or lien foreclosed or by any subsequent mortgage or lien was not payable at the date of the judgment of foreclosure, it shall nevertheless be paid as far as may be out of the proceeds of the sale as if due and payable, with rebate of interest where the debt was payable without interest, provided, if the plaintiff is the purchaser at any such sale, he shall be required to bring into court only so much of the proceeds as exceed the amount due upon his judgment debt, interest and costs. In the case of a foreclosure by market sale, the person appointed to make the sale shall bring the proceeds of the market sale into court.
(1949 Rev., S. 7208; P.A. 79-602, S. 83; P.A. 14-84, S. 10; 14-217, S. 207.)
History: P.A. 79-602 made minor changes in wording but made no substantive changes; P.A. 14-84 added provision re proceeds of the market sale in foreclosure by market sale; P.A. 14-217 changed effective date of P.A. 14-84, S. 10, from October 1, 2014, to January 1, 2015, effective June 13, 2014.
Procedure. 98 C. 154. Rights of parties to fund realized from sale should be determined by a supplementary judgment. 103 C. 744. Cited. 120 C. 671. The decree of foreclosure by sale should not adjudicate the rights of the parties to the funds realized; those rights should be determined by way of supplemental judgment. 142 C. 200. On sale of four mortgaged parcels as one tract, after satisfying first mortgage debt, proceeds remaining were apportioned between second mortgagees according to the respective values of their securities and not according to a rule of priority in time. 153 C. 267. Cited. 166 C. 195; 195 C. 418; 219 C. 620; 235 C. 741.
Cited. 27 CA 549. Court's order with respect to funds from foreclosure sale was not a garnishment of funds held by court clerk and court had authority to order the clerk to hold rather than to distribute the funds pending the outcome of appeal. 87 CA 321.
Claim of mechanic's lienor which has not expired at time of mortgage sale is transferred to proceeds of sale. 20 CS 460.
Structure Connecticut General Statutes
Title 49 - Mortgages and Liens
Section 49-1. - When foreclosure a bar to further action on debt.
Section 49-2a. - Interest on funds held in escrow for payment of taxes and insurance.
Section 49-3. - Mortgage securing future advancements.
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 49-6c. - 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 49-9a. - Validation of release of mortgage. Affidavit.
Section 49-10a. - Request for payoff statement or reinstatement payment statement.
Section 49-13. - Petition for discharge of mortgage or ineffective attachment, lis pendens or lien.
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 49-22. - Execution of ejectment on foreclosure judgment. Disposition of property.
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 49-30s. - 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 49-31c. - When subordination not subject to statute of frauds and automatically effective.
Section 49-31d. - Definitions.
Section 49-31e. - Application for protection from foreclosure.
Section 49-31g. - Restructuring of mortgage debt by court.
Section 49-31j. - Regulations.
Section 49-31k. - Definitions.
Section 49-31m. - Ezequiel Santiago Foreclosure Mediation Program.
Section 49-31n. - Mediation period. Information required. Termination of program.
Section 49-31r. - Foreclosure mediation: Notice of community-based resources.