Section 8-265ee - Notice to homeowner of foreclosure. Meeting or conference with mortgagee or consumer credit counseling agency(a) On and after July 1, 2008, a mortgagee who desires to foreclose upon a mortgage which satisfies the standards contained in subdivisions (1), (9), (10) and (11) of subsection (e) of section 8-265ff, shall give notice to each homeowner who is a mortgagor by registered, or certified mail, postage prepaid at the address of the property which is secured by the mortgage. No such mortgagee may commence a foreclosure of a mortgage prior to mailing such notice. Such notice shall advise the homeowner of his delinquency or other default under the mortgage and shall state that the homeowner has sixty days from the date of such notice in which to (1) have a face-to-face meeting, telephone or other conference acceptable to the authority with the mortgagee or a face-to-face meeting with a consumer credit counseling agency to attempt to resolve the delinquency or default by restructuring the loan payment schedule or otherwise, and (2) contact the authority, at an address and phone number contained in the notice, to obtain information and apply for emergency mortgage assistance payments if the homeowner and mortgagee are unable to resolve the delinquency or default.(b) Except in cases in which the mortgagee refuses to meet with the homeowner, if the homeowner fails to meet with the mortgagee or comply with any of the time limitations specified in the notice as provided in subsection (a) of this section, or if the homeowner's application is not filed by the date thirty days after the date of any default in payment under an agreement as provided in subsection (c) of this section or if the homeowner's application for emergency mortgage assistance payments is not approved by the date thirty calendar days after the date of receipt of the homeowner's application in accordance with the provisions of section 8-265ff, the foreclosure of the homeowner's mortgage may, at any time thereafter, except as provided in subsection (e) of this section, continue without any further restriction or requirement under the provisions of sections 8-265cc to 8-265kk, inclusive, provided the mortgagee files an affidavit with the court stating the notice provisions of subsection (a) of this section have been complied with and that either the homeowner failed to meet with the mortgagee or failed to comply with all of the time limitations specified in the notice as provided in subsection (a) of this section or that the homeowner's application for emergency assistance payments was not approved by the date thirty calendar days after the date of receipt of the homeowner's application, or that a determination of ineligibility was made.(c) If, after a face-to-face meeting, telephone or other conference acceptable to the authority, as provided in subsection (a) of this section, the homeowner and the mortgagee reach an agreement to resolve the delinquency or default and, because of financial hardship due to circumstances beyond the homeowner's control, the homeowner is unable to fulfill the obligations of the agreement, the homeowner may apply to the authority for emergency mortgage assistance payments under sections 8-265cc to 8-265kk, inclusive, by the date thirty days after the date of any default in payment under the agreement. The mortgagee shall not be required to send any additional notice to the homeowner other than the notice required under subsection (a) of this section.(d) Nothing in sections 8-265cc to 8-265kk, inclusive, shall prevent a homeowner from exercising rights that may exist under the foreclosure mediation program and those rights may be exercised concurrently with the rights afforded under sections 8-265cc to 8-265kk, inclusive, provided the exercise of rights under the foreclosure mediation program shall not cause a delay in the determination under subsection (e) of section 8-265ff. Nothing in sections 8-265cc to 8-265kk, inclusive, shall prevent a homeowner from applying or reapplying and being considered for emergency mortgage assistance if such homeowner is referred to the emergency mortgage assistance program by the foreclosure mediation program.Conn. Gen. Stat. § 8-265ee
( P.A. 93-414, S. 3, 10; P.A. 94-185, S. 3, 10; P.A. 08-176, S. 7; P.A. 09-209, S. 29; 09-219, S. 1; June 12 Sp. Sess. P.A. 12-1, S. 126.)
Amended by P.A. 21-0044,S. 8 of the Connecticut Acts of the 2021 Regular Session, eff. 10/1/2021.Amended by P.A. 12-0001, S. 126 of the Connecticut Acts of the 2012 Special Session, eff. 6/15/2012.Amended by P.A. 09-0209, S. 29 of the the 2009 Regular Session, eff. 7/1/2009. Subsec. (a) does not require mailing of notice by return receipt requested and introduction of certified mail receipt into evidence as a condition precedent to foreclosure. 181 CA 248.