2005 Connecticut Code - Sec. 8-265ee. Notice to mortgagee of foreclosure. Face to face meeting.

      Sec. 8-265ee. Notice to mortgagee of foreclosure. Face to face meeting. (a) On or after the date a mortgagee files an agreement to participate in the program established pursuant to sections 8-265cc to 8-265kk, inclusive, the mortgagee who desires to foreclose upon a mortgage which satisfies the standards contained in subdivisions (1), (3), (10), (11) and (12) of section 8-265ff, shall give notice to the 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 mortgagor of his delinquency or other default under the mortgage and shall state that the mortgagor has thirty days from the date of such notice in which to (1) have a face-to-face meeting or telephone conference 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) to 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 mortgagor and mortgagee are unable to resolve the delinquency or default.

      (b) If the mortgagor 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 mortgagor's application is not filed within thirty days of any default in payment under an agreement as provided in subsection (c) of this section or if the mortgagor's application for emergency mortgage assistance payments is not approved within thirty calendar days of receipt of the mortgagor's application in accordance with the provisions of section 8-265ff, the foreclosure of the mortgagor's mortgage may, at any time thereafter, 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 mortgagor 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 mortgagor's application for emergency assistance payments was not approved within thirty calendar days of receipt of the mortgagor's application, or that a determination of ineligibility was made.

      (c) If, after a face-to-face meeting or telephone conference, as provided in subsection (a) of this section, the mortgagor and the mortgagee reach an agreement to resolve the delinquency or default and, because of financial hardship due to circumstances beyond the mortgagor's control, the mortgagor is unable to fulfill the obligations of the agreement, the mortgagor may apply to the authority for emergency mortgage assistance payments under sections 8-265cc to 8-265kk, inclusive, within thirty days of any default in payment under the agreement. The mortgagee shall not be required to send any additional notice to the mortgagor other than the notice required under subsection (a) of this section.

      (d) No person receiving financial relief under sections 8-265cc to 8-265kk, inclusive, may file a defense, counterclaim or set-off to any action for foreclosure of the mortgage for which such financial relief was provided.

      (P.A. 93-414, S. 3, 10; P.A. 94-185, S. 3, 10.)

      History: P.A. 93-414 effective July 1, 1993; P.A. 94-185 amended Subsec. (a) to provide that the section is applicable after the mortgagee files a participation agreement and provide that notice of foreclosure may be by registered mail and amended Subsec. (b) to provide that the foreclosure may continue if the mortgagor fails to file an application within thirty days, failed to meet with the mortgagee or the application was not approved, effective June 2, 1994.