Connecticut General Statutes
Chapter 846 - Mortgages
Section 49-30p. - Underwater mortgage: Definitions.

For purposes of this section and sections 49-30q to 49-30w, inclusive:

(1) “Mortgage” has the same meaning as provided in section 49-24a;
(2) “Mortgagee” has the same meaning as provided in section 49-24a;
(3) “Mortgagor” has the same meaning as provided in section 49-24a, except a mortgagor, for the purposes of sections 49-30p to 49-30w, inclusive, shall only include those mortgagors with personal net liquid assets, excluding retirement and tax advantaged health savings plans, that are less than one hundred thousand dollars;
(4) “Residential real property” has the same meaning as provided in section 49-24a;
(5) “Senior lien” means the first security interest placed upon a property to secure payment of a debt or performance of an obligation before one or more junior liens;
(6) “Junior lien” means a security interest placed upon a property to secure payment of a debt or performance of an obligation after a senior lien is placed on such property;
(7) “Lienholder” means a person who holds a security interest in real property; and
(8) “Underwater mortgage” means a mortgage where the debt associated with such mortgage, along with any senior lien, exceeds the fair market value of the mortgaged property as determined by a court in accordance with sections 49-30t and 49-30u.
(P.A. 16-65, S. 73; P.A. 17-236, S. 10.)
History: P.A. 17-236 made a technical change to Subdiv. (3), effective July 11, 2017.

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.