(a) A mortgage deed given to secure payment of a promissory note, which furnishes information from which there can be determined the date, principal amount and maximum term of the note, shall be deemed to give sufficient notice of the nature and amount of the obligation to constitute a valid lien securing payment of all sums owed under the terms of such note.
(b) With regard to a mortgage deed given to secure payment of a promissory note which contains a provision expressly providing that the interest rate set forth in the note may vary one or more times during the life of the note and that such changes in rate may cause the term of the note to change, the “maximum term” shall be adequately disclosed if the mortgage deed furnishes information from which can be determined: (1) A statement that the interest rate is subject to variation, (2) the conditions under which such rate may vary, (3) the manner, including changes in payment amounts, number of scheduled periodic payments, or change in the amount due at maturity, in which any increase and decrease in the rate may be effected, and (4) the date, if applicable, by which according to the terms of the note, remaining amounts of principal and interest, if any, shall be due and payable in full, regardless of changes in the interest rate. The mortgagee shall give written notice of any change in the interest rate to a second or subsequent encumbrancer, provided such encumbrancer has given written notice by registered mail, return receipt requested, of its encumbrance to the mortgagee. The provisions of this section shall not invalidate any mortgage which would be valid without this section.
(P.A. 76-357, S. 2, 3; P.A. 81-391, S. 1.)
History: P.A. 81-391 added Subsec. (b) concerning the information required in a mortgage deed to adequately disclose the maximum term of a note with a variable interest rate and requiring the mortgagee to give notice of any change in the interest rate to a second or subsequent encumbrancer.
Supplements but does not supplant relevant common law standards for validity of mortgages. 202 C. 566. Cited. 210 C. 221; 230 C. 828; 232 C. 294.
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.