Connecticut General Statutes
Chapter 846 - Mortgages
Section 49-5. - Mortgages on property of public service companies.

(a) Any corporation doing a light, heat, gas, power, water, telephone or natural gas transmission business in, or owning property in, more than one town may secure its issue of bonds or other evidences of indebtedness by mortgage or deed of trust of all or any part of its plant and property, real, personal or mixed, wherever the same is situated, including, without limitation, its goods, documents, instruments, general intangibles, chattel paper, accounts, contract rights and franchises, whether owned by it at the time of the mortgage or deed of trust or thereafter to be acquired by it, or both, and the mortgage or deed of trust shall secure equally all such bonds as may be issued from time to time, under and in pursuance of the terms and provisions specified in the mortgage or deed of trust. In the mortgage or deed of trust it is sufficient to describe the plant, equipment, apparatus, transmission or pipe lines, distribution systems and the personal property of such company by general terms.

(b) The mortgage or deed of trust or, if the mortgage or deed of trust has been previously recorded, whether within or without this state, a copy of the record of the mortgage or deed of trust certified by the recording authority, may be recorded in the office of the Secretary of the State and when so recorded need not be recorded or filed in the records of the towns within which the property, plant or transmission or pipe lines or distribution systems included in the mortgage or deed of trust are situated, and shall be valid and effectual as respects all property therein included as aforesaid, provided a certificate shall be recorded in the office of the town clerk of each of such towns setting forth the names of the mortgagor and the mortgagee, the date of the mortgage or deed of trust and the fact that the mortgage or deed of trust is recorded in the office of the Secretary of the State.
(c) The provisions of sections 16-218 to 16-227, inclusive, concerning the foreclosure of mortgages of railroad companies, apply to all mortgages or bonds issued by companies doing a light, heat, gas, power, water, telephone or natural gas transmission business.
(1949 Rev., S. 7097; 1951, 1953, S. 2952d; 1963, P.A. 446; P.A. 73-367; P.A. 79-602, S. 65.)
History: 1963 act specified that corporation's goods, documents, instruments, general intangibles, chattel paper, accounts and contract rights may be mortgaged as security for bonds or other indebtedness; P.A. 73-367 specified that copy of record of previously recorded mortgage or deed of trust may be recorded in office of secretary of the state; P.A. 79-602 divided section into Subsecs. and made minor changes in wording, substituting “the” for “such”, etc.

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.