If the proceeds of the sale are not sufficient to pay in full the amount secured by any mortgage or lien thereby foreclosed, the deficiency shall be determined, and thereupon judgment may be rendered in the cause for the deficiency against any party liable to pay the same who is a party to the cause and has been served with process or has appeared therein, and all persons liable to pay the debt secured by the mortgage or lien may be made parties; but all other proceedings for the collection of the debt shall be stayed during the pendency of the foreclosure suit, and, if a deficiency judgment is finally rendered therein, the other proceedings shall forthwith abate. Other than in the case of a foreclosure by market sale, if the property has sold for less than the appraisal provided for in section 49-25, no judgment shall be rendered in the suit or in any other for the unpaid portion of the debt or debts of the party or parties upon whose motion the sale was ordered, nor shall the same be collected by any other means than from the proceeds of the sale until one-half of the difference between the appraised value and the selling price has been credited upon the debt or debts as of the date of sale; and, when there are two or more debts to which it is to be applied, it shall be apportioned between them.
(1949 Rev., S. 7209; P.A. 79-602, S. 84; P.A. 14-84, S. 11; 14-217, S. 207.)
History: P.A. 79-602 substituted “the” for “such” where appearing; P.A. 14-84 added provision excluding foreclosure by market sale from prohibition on rendering judgment for unpaid portion of debt of the party upon whose motion sale was ordered; P.A. 14-217 changed effective date of P.A. 14-84, S. 11, from October 1, 2014, to January 1, 2015, effective June 13, 2014.
Provision for crediting one-half difference between appraisal and sale price not applicable against subsequent encumbrancer. 89 C. 101. Liability of endorsers for balance of deficiency judgment in separate action. 100 C. 711. Guarantor of note allowed same statutory credit as mortgagor. 113 C. 241. Cited. 120 C. 671; 220 C. 152; Id., 643; 222 C. 784; 227 C. 270; 235 C. 741; 241 C. 269.
Cited. 23 CA 266; 28 CA 809; 31 CA 1; Id., 621; 36 CA 313; 38 CA 240.
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.