(a) In determining the restructured mortgage debt, the court shall add the following to the existing principal balance of the mortgage debt: (1) All interest then due the lender and any interest that will be earned to the end of any restructuring period, including interest on any payments advanced by the lender during the restructuring period, such interest to be computed at the rate provided in the mortgage note, (2) real property taxes, (3) premiums for Federal Housing Administration, United States Department of Veterans Affairs and private mortgage insurance, and (4) court costs, legal fees and any other sums the court determines to be due under the terms of the mortgage indebtedness by the court. The court shall then apply the composite interest rate as provided in subsection (c) of this section to such total restructured debt over the remaining term of the loan.
(b) The amount of the mortgage debt at the end of any period of restructuring shall in no event exceed either the amount of the original mortgage debt or ninety per cent of the fair market value of the property as determined by an accredited real estate appraiser at the time of restructuring, whichever is greater. The provisions for restructuring the mortgage debt and staying the foreclosure shall apply only if the debt as restructured would not exceed such amount. Any sums added to the existing mortgage debt as a result of a restructuring order shall accrue interest at prevailing market rates after the conclusion of the restructuring period, which rate shall be either fixed or variable depending upon the underlying mortgage note.
(c) At the conclusion of the restructuring period, the new mortgage debt shall be computed based upon a composite rate of interest. The composite rate of interest shall be a weighted average of the original mortgage interest rate as to the principal balance and the prevailing interest rate as to all sums added to the principal balance to establish the total restructured mortgage debt, except that in the case of a flexible rate, variable rate or similar adjustable rate mortgage note, the provisions of the underlying mortgage note for the redetermination of the interest rate on the mortgage shall continue to apply and remain in full force and effect during the remainder of the term of the mortgage.
(P.A. 83-547, S. 11; June Sp. Sess. P.A. 83-29, S. 76; P.A. 84-373, S. 4; P.A. 85-591; P.A. 18-72, S. 39.)
History: June Sp. Sess. P.A. 83-29 revised section, adding new provisions in Subsec. (a) re method of determination of restructured mortgage debt, adding provisions re applicability of provisions for restructuring mortgage debt and staying foreclosure and rate of interest on sums adding to existing mortgage note in Subsec. (b), and adding provisions in Subsec. (c) re composite rate of interest; P.A. 84-373 amended Subsec. (a) to include interest on advancements made during the restructuring period in the restructured debt; P.A. 85-591 amended Subsec. (b) to permit the restructured mortgage debt to exceed the greater of the original mortgage debt or 90% of the fair market value of the property; P.A. 18-72 amended Subsec. (a)(3) to replace “Veterans' Administration” with “United States Department of Veterans Affairs”.
Cited. 29 CA 541; 31 CA 260; 34 CA 138.
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.