Title 49, Title 49: Mortgages and Liens

Sec. 49-31g. Restructuring of mortgage debt by court. (a) If it determines that a homeowner who is an underemployed person is eligible for protection from foreclosure pursuant to subsections (a) and (c) of section 49-31f, the court in its discretion may order the restructuring of…

Sec. 49-31h. Partial payment by homeowner mandated by court as condition for granting of restructuring order. (a) As a condition to the granting of a restructuring order, the court may order the homeowner to pay to the lender during the restructuring period an amount not to excee…

Sec. 49-31i. Determination of restructured mortgage debt. Limitations on amount of mortgage debt following restructuring. Computation of new mortgage debt. (a) In determining the restructured mortgage debt, the court shall add the following to the existing principal balance of th…

Sec. 49-31j. Regulations. The Banking Commissioner shall adopt such regulations, in accordance with chapter 54, as the commissioner deems necessary specifying (1) the manner in which a composite interest rate shall be computed for the new mortgage debt pursuant to subsection (c) …

Sec. 49-31k. Definitions. As used in this section and sections 49-31l to 49-31o, inclusive, and section 49-31s: (1) “Mortgagor” means: (A) The owner-occupant of one-to-four family residential real property located in this state, which is the primary residence of such owner-occupa…

Sec. 49-31l. Foreclosure mediation: Notice of foreclosure mediation program. Forms. Procedure. Stay of litigation. (a) Prior to July 1, 2029, when a mortgagee commences an action for the foreclosure of a mortgage on residential real property with a return date during the period f…

Sec. 49-31m. Ezequiel Santiago Foreclosure Mediation Program. The Chief Court Administrator shall establish in each judicial district a foreclosure mediation program in actions to foreclose mortgages on residential real property or real property owned by a religious organization.…

Sec. 49-31n. Mediation period. Information required. Termination of program. (a) For any action for the foreclosure of a mortgage on residential real property with a return date during the period from July 1, 2009, to June 30, 2029, inclusive, or for any action for the foreclosur…

Sec. 49-31o. Consent of mortgagee required for changes. Sending of mortgage modification to mortgagor. Disclosure of information submitted to mediator. (a) Nothing in sections 49-31k to 49-31n, inclusive, shall require a mortgagee to modify a mortgage or change the terms of payme…

Sec. 49-31p. Successor in interest in foreclosed property secured by federally-related mortgage loan. Assumption of interest limited. Definitions. (a) In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property that has a re…

Sec. 49-31q. Successor in interest in foreclosed property. Termination of tenant lease and assumption of interest subject to tenant lease. (a) In the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of a lease, vacating the proper…

Sec. 49-31r. Foreclosure mediation: Notice of community-based resources. (a) A mortgagee, as defined in section 49-8a, shall include the form promulgated by the Judicial Branch, in accordance with subsection (c) of section 49-31l, concerning notice of community-based resources to…

Sec. 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. (a) In a foreclosure action, the mortgagee may, notwithstanding any other law or rule to the contrary, file …

Secs. 49-31t and 49-31u. Eligibility for foreclosure mediation program after consent to foreclosure by market sale. Foreclosure mediation program: Certificate of good standing. Sections 49-31t and 49-31u are repealed, effective October 1, 2016. (P.A. 14-7, S. 21; 14-84, S. 12; 14…

Sec. 49-31v. Foreclosure mediation program: Funding. The Ezequiel Santiago Foreclosure Mediation Program established pursuant to section 49-31m shall be funded within available appropriations and available until June 30, 2029. The size of such program shall be determined by avail…

Sec. 49-4. Mortgages by U.S. government and certain credit associations and banks to secure future advancements. Any mortgage upon real property to secure future advancements of money to the mortgagor to be made within one year of the date of the mortgage by the United States or …

Sec. 49-4a. Open-end mortgages, United States or its instrumentalities and certain banks authorized to hold. (a) As used in this section, the term “mortgagee”, means the United States or any department, agency or instrumentality thereof, a production credit association, a bank fo…

Sec. 49-4b. Open-end mortgage as security for guaranty of an open-end loan. Mortgage deed requirements. Description of loan and secondary liability. (a) If an open-end mortgage meets the requirements of this section, such mortgage shall be deemed to give sufficient notice of the …

Sec. 49-4c. Mortgage as security for obligations under an electricity purchase agreement. Any mortgage entered into subsequent to July 1, 1986, between a private power producer, as defined in section 16-243b, or the owner or operator of a qualifying facility, as defined in Part 2…

Sec. 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 …

Sec. 49-5a. Master mortgage recording. (a) Any instrument containing a form or forms of covenants, conditions, obligations, powers and other clauses of a mortgage may be recorded in the land records of any town. The town clerk shall index such instrument under the name of the per…

Sec. 49-5b. Required information in a mortgage contingency clause. Any mortgage contingency clause included in a bond for deed or a written agreement for sale of real estate which conditions the purchaser's performance on his obtaining a mortgage from a third party shall satisfy …

Sec. 49-6. Trust mortgages. Section 49-6 is repealed. (1949 Rev., S. 7104; P.A. 77-614, S. 161, 610; P.A. 79-602, S. 132.)

Sec. 49-6a. Definitions. Interim financing policy disclosure required. (a) For the purposes of this section: (1) “Creditor” means any state bank and trust company or national banking association, state or federal savings bank, state or federal savings and loan association, state …

Sec. 49-6b. Definitions. For the purposes of this section and sections 49-6c and 49-6d: (1) “Person” includes individuals, partnerships, associations, limited liability companies and corporations; (2) “Creditor” means any person or the assignee of any person who in the ordinary c…

Sec. 49-6c. Notice of late fee required. Exception. 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 c…

Sec. 49-6d. Legal representation. (a) Each creditor shall notify a consumer debtor in writing when a mortgage loan application is filed that such debtor: (1) May have legal interests that differ from the creditor's; (2) May not be required by the creditor to be represented by the…

Sec. 49-7. Agreements concerning expenses and attorneys' fees. Any agreement contained in a bill, note, trade acceptance or other evidence of indebtedness, whether negotiable or not, or in any mortgage, to pay costs, expenses or attorneys' fees, or any of them, incurred by the ho…

Sec. 49-7a. Lenders prohibited from requiring multiple original notes. No lender shall require a borrower, as a condition of obtaining a loan, to sign multiple original notes to evidence such loan. (P.A. 95-200.)

Sec. 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. (a) No mortgage broker or lender, as defined in subdivision (5) of section 49…

Sec. 49-8. Release of satisfied or partially satisfied mortgage or ineffective attachment, lis pendens or lien. Damages. (a)(1) The mortgagee or a person authorized by law to release the mortgage shall execute and deliver, or cause to be delivered, to the town clerk of the town i…

Sec. 49-8a. Release of mortgage. Affidavit. Recording of affidavit with town clerk. Penalty for recording false information. Payment accepted for mortgage loan. (a) For the purposes of this section and section 49-10a: (1) “Mortgage loan” means a loan secured by a mortgage on one,…

Sec. 49-9. Release of mortgage, mechanic's lien or power of attorney. Form of instrument. Index. Operation of executed release. (a) A mortgage of real or personal property, a mechanic's lien or a power of attorney for the conveyance of land may be released by an instrument in wri…

Sec. 49-9a. Validation of release of mortgage. Affidavit. (a) Notwithstanding the provisions of this chapter, a release of mortgage executed by any person other than an individual that is invalid because it is not issued or executed by, or fails to appear in the name of the recor…

Sec. 49-32. Liens in favor of the United States. Section 49-32 is repealed. (1949 Rev., S. 7213; 1959, P.A. 574, S. 4; 1963, P.A. 528, S. 5; 1967, P.A. 456, S. 7.)

Sec. 49-32a. Federal liens. (a)(1) Notices of liens upon real property for taxes payable to the United States and notices of liens upon real property for costs and damages payable to the United States, and certificates and notices affecting such liens shall be filed in the office…

Sec. 49-33. Mechanic's lien. Precedence. Rights of subcontractors. (a) If any person has a claim for more than ten dollars for materials furnished or services rendered in the construction, raising, removal or repairs of any building or any of its appurtenances or in the improveme…

Sec. 49-34. Certificate of lien to be recorded and notice given to owner. A mechanic's lien is not valid unless the person performing the services or furnishing the materials (1) within ninety days after he has ceased to do so, lodges with the town clerk of the town in which the …

Sec. 49-35. Notice of intent. Liens of subcontractors and materialmen. (a) No person other than the original contractor for the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land o…

Sec. 49-35a. Application for reduction or discharge. Forms. Hearing. Entry fee. (a) Whenever one or more mechanics' liens are placed upon any real estate pursuant to sections 49-33, 49-34, 49-35 and 49-38, the owner of the real estate, if no action to foreclose the lien is then p…

Sec. 49-35b. Burden of proof at hearing. Authority of court. (a) Upon the hearing held on the application or motion set forth in section 49-35a, the lienor shall first be required to establish that there is probable cause to sustain the validity of his lien. Any person entitled t…

Sec. 49-35c. Appeal. (a) Any order entered as provided in subsection (b) of section 49-35b shall be deemed a final judgment for the purpose of appeal. (b) No appeal may be taken from the order except within seven days thereof. The effect of the order shall be automatically stayed…

Sec. 49-35d. Validation of lien recorded prior to April 22, 1975. (a) Any person who prior to April 22, 1975, placed a mechanic's lien upon any real estate pursuant to sections 49-33, 49-34, 49-35 and 49-38, which was not released or discharged on such date, may validate such lie…

Sec. 49-36. Liens limited; apportionment; payments to original contractor. (a) No mechanic's lien may attach to any building or its appurtenances, or to the land on which the same stands, or any lot, or any plot of land, in favor of any person, to a greater amount in the whole th…

Sec. 49-37. Dissolution of mechanic's lien by substitution of bond. Joinder of actions on claim and bond. (a) Whenever any mechanic's lien has been placed upon any real estate pursuant to sections 49-33, 49-34 and 49-35, the owner of that real estate, or any person interested in …

Sec. 49-37a. Lien validated when bond substituted prior to April 22, 1975. Whenever prior to April 22, 1975, a bond has been substituted for any lien pursuant to section 49-37, which bond was in effect on said date, the obligee on such bond may validate the lien for which the bon…