Connecticut Servicing Reference Guide
- Kacey Olson
| Citation | Topic | Requirement |
| Mortgages and Liens / Conn. Gen. Stat. Ann. §49-16 | Foreclosure Certificate | When any mortgage of real estate has been foreclosed, and the time limited for redemption has passed, and the title to the mortgaged premises has become absolute in the mortgagee, the mortgagee must execute a certificate describing the premises foreclosed, the deed of mortgage on which the foreclosure was had, the book and page where the same was recorded and the time when the mortgage title became absolute. The certificate must be recorded in the records of the town where the property is located. |
| Mortgages and Liens / Conn. Gen. Stat. Ann. §49-31e(a) | Homeowner of Protections from Foreclosure | (a) In an action by a lender for the foreclosure of a mortgage of residential real property, such lender shall give notice to the homeowner of the availability of the provisions of sections 49-31d to 49-31i, inclusive, at the time the action is commenced. |
The Banking Law of Connecticut / Conn. Gen. Stat. Ann. §36a-719g | Late Fees | A mortgage servicer may not impose any late fee or delinquency charge when the only delinquency is attributable to late fees or delinquency charges assessed on an earlier payment, and the payment is otherwise a full payment for the applicable period and is paid on its due date or within any applicable grace period. Late charges may not be based on an amount greater than the past due amount, collected from the escrow account or from escrow surplus without the approval of the mortgagor or deducted from any regular payment. |
| CT Non-depository Mortgage Lenders and Brokers Act | Conn. Gen. Stat. Ann. §49-6c | Late Charge Notification | A creditor shall mail to a consumer debtor a written notice of the imposition of any delinquency charge, late fee or similar assessment as a result of a late payment on a note, mortgage or installment sales contract unless the creditor issues a periodic statement which may include any delinquency charge, late fee, or similar assessment. Such notice shall be mailed within sixty days of the imposition of such charge. |
| Mortgages and Liens / Conn. Gen. Stat. Ann. §49-10a(a) | Loan Payoff Statement | Upon the written request of a borrower, a lender must provide a payoff statement or reinstatement payment statement in writing to the person requesting the statement on or before the date specified in the request, provided the request date is at least 7 business days after the date of receipt of the written request. If the request is made in connection with a default, the borrower's attorney may make the written request directly to the lender, provided the request contains a representation that the person requesting the payoff statement or reinstatement payment statement is the borrower's attorney and that the borrower has authorized the request. |
| Housing Finance Authority Act / Conn. Gen. Stat. Ann. §8-265dd(b) | Notice of Availability of Counseling | No judgment of strict foreclosure nor any judgment ordering a foreclosure sale may be entered in any action instituted by the mortgagee to foreclose an “eligible mortgage” unless: (1) a notice regarding the availability of counseling and emergency mortgage assistance payments has been given to the mortgagor and the time for response has expired; and (2) a determination has been made on the mortgagor's application for emergency mortgage assistance payments or the applicable time periods set forth in Conn. Gen. Stat. Ann. § 8-265cc to §8-265kk have expired, whichever is earlier. |
| Mortgages and Liens / Conn. Gen. Stat. Ann. §49-31l(c) | Notice of Foreclosure Mediation Program | When a mortgagee commences an action for the foreclosure of a mortgage on residential real property, the mortgagee must give notice to the mortgagor of the Foreclosure Mediation Program by attaching to the front of the writ, summons and complaint that is served on the mortgagor: (1) a copy of the Notice of Foreclosure Mediation; (2) a copy of the foreclosure mediation certificate form; (3) a blank appearance form; and (4) a mediation information form and a notice containing contact information for authority-approved consumer credit counseling agencies. |
Conn. Gen. Stat. Ann. §52-325(a) Conn. Gen. Stat. Ann. §52-325(c) | Notice of Lis Pendens - Judicial | (a) In any action in a court of this state or in a court of the United States (1) the plaintiff or his attorney, at the time the action is commenced or afterwards, or (2) a defendant, when he sets up an affirmative cause of action in his answer and demands substantive relief at the time the answer is filed, if the action is intended to affect real property, may cause to be recorded in the office of the town clerk of each town in which the property is situated a notice of lis pendens, containing the names of the parties, the nature and object of the action, the court to which it is returnable and the term, session or return day thereof, the date of the process and the description of the property, except that no such notice may be recorded in an action that alleges an illegal, invalid or defective transfer of an interest in real property unless the complaint or affirmative cause of action contains the date of the initial illegal, invalid or defective transfer of an interest in real property and such transfer has occurred less than sixty years prior to the commencement of such action. (c) Notwithstanding the provisions of subsection (a) of this section, in any action except a suit to foreclose a mortgage or other lien, no recorded notice of lis pendens shall be valid or constitute constructive notice thereof unless the party recording such notice, not later than thirty days after such recording, serves a true and attested copy of the recorded notice of lis pendens upon the owner of record of the property affected thereby. The notice shall be served upon the owner, if the owner resides in the same town in which the real property is located, by any proper officer or indifferent person, by leaving a true and attested copy of such recorded notice with the owner or at the owner's usual place of abode. If the property owner does not reside in such town, such copy may be served by any proper officer or indifferent person, by mailing such copy, by registered or certified mail, to the owner at the place where the owner resides. |
| Conn. Gen. Stat. Ann. §8-265ee | Notice to Mortgagee of Foreclosure | This notice must be provided prior to any judgment ordering a foreclosure sale. |
| The Banking Law of Connecticut / Conn. Gen. Stat. Ann. §36a-498b(b) | Payoff Statement (Secondary Mortgage Loans) | The licensee must advise any person designated by the borrower of the amount of the outstanding balance of the obligation secured by the secondary mortgage granted to the licensee no later than the second business day after the licensee receives a request for the information. |
The Banking Law of Connecticut / Conn. Gen. Stat. Ann. §49-8(a) | Release of Mortgage | A mortgagee must execute and deliver a release to the extent of the satisfaction tendered before or against receipt of the release: (1) upon the satisfaction of the mortgage; (2) upon a bona fide offer to satisfy the same in accordance with the terms of the mortgage deed upon the execution of a release; (3) when the parties in interest have agreed in writing to a partial release of the mortgage where that part of the property securing the partially satisfied mortgage is sufficiently definite and certain; or (4) when the borrower has made a bona fide offer in accordance with the terms of the mortgage deed for the partial satisfaction on the execution of the partial release. Secondary Mortgage Loans - A licensed mortgage lender, correspondent lender or mortgage broker must deliver to the borrower a release of a secondary mortgage: (1) upon receipt by the licensee of cash or a certified check in the amount of the outstanding balance of the obligation secured by the mortgage; or (2) upon payment by the payor bank of any check that is payable to the licensee or its assignee in the amount of the outstanding balance of the obligation secured by the mortgage. |
The Banking Law of Connecticut / Conn. Gen. Stat. Ann. §36a-719e | Schedule of Fees (Assigned Loans) | Upon assignment of servicing rights on a residential mortgage loan, the mortgage servicer must disclose to the mortgagor: (1) any notice required by RESPA; and (2) a schedule of the ranges and categories of its costs and fees for its servicing-related activities, which must comply with state and federal law. |
| The Banking Law of Connecticut / Conn. Gen. Stat. Ann. §36a-498b(b) | Subordinate Lien Loan Payoff Request | The licensee must advise any person designated by the borrower of the amount of the outstanding balance of the obligation secured by the secondary mortgage granted to the licensee no later than the 2nd business day after the licensee receives a request for the information. |