Bendett & McHugh,P.C.

Connecticut state COVID-19 update provided by Bendett & McHugh, P.C.

Posted: 07/21/21

Foreclosure:

There are no COVID foreclosure restrictions for Connecticut. For any questions regarding these updates, please reach out to Adam Bendett at abendett@bmpclaw.com or 860-255-5002.

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Bendett & McHugh,P.C.

Connecticut state COVID-19 update provided by Bendett & McHugh, P.C.

Posted: 03/19/21

Foreclosure:

The Connecticut Governor extended his Declaration of Public Health and Civil Preparedness Emergencies
from February 9, 2021 until April 20, 2021.
On March 1, 2021, Foreclosures in Connecticut will be virtually fully operational. Pursuant to CT Governor
Executive Order No. 10A, any remaining suspensions related to court operations that have not
previously been rescinded will be removed on 3/1/2021, subject to very limited exceptions. The Judicial
Department announced on 2/25/2021 that foreclosure mediations will resume on 3/1/2021 for
foreclosures on non-federally backed mortgage loans, and will resume on 7/1/2021 for foreclosures on
federally backed mortgage loans, or when the federal moratoria end, if later. For mediations to resume
on non-federally backed mortgage loans the federal moratorium affidavit described below must be filed
with the court. Mediations will take place by remote means—video conference or telephone.
All court hearings and settlement conferences are being held remotely via Microsoft Teams.
Please note that effective September 24, 2020, the Connecticut Judicial Department issued a standing
order requiring the filing of a new court form affidavit detailing the applicability of the federally related
moratoria to the subject loan at multiple milestones during the foreclosure process.
Eviction:
Absent certain specified exceptions (and with additional disclosure requirements), Governor’s Executive
Order 10A prohibits the start of the eviction process against a tenant to obtain occupancy of a residential
property by way of either the issuance of a notice to quit, or the filing of a summary process complaint
during the duration of the Public Health and Civil Preparedness Emergencies, which is currently scheduled
to run through April 19, 2021. Otherwise, pending eviction and ejectment proceedings may continue.
For any questions regarding these updates, please reach out to Adam Bendett at abendett@bmpclaw.
com or 860-255-5002.

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Bendett & McHugh,P.C.

Connecticut state COVID-19 update provided by Bendett & McHugh, P.C.

Posted: 10/20/20

Foreclosure:

Please be advised that on February 25, 2021 the Connecticut Judicial Department issued a standing order regarding the resumption of foreclosure mediations, which is attached. The holding of foreclosure mediation sessions (and premediation sessions) was the last aspect of Connecticut foreclosure process that had been on hold with the Connecticut courts following the institution of more limited operations at the outset of the COVID-19 Pandemic. The Connecticut foreclosure process, effective March 1, 2021, will be virtually fully operational.

This standing order sets forth two classes of mortgage foreclosure cases—those involving federally backed mortgages and those involving non-federally backed mortgages.

Non- Federally Backed Mortgage Foreclosure Cases
For non-federally backed mortgage foreclosure cases pending in the Foreclosure Mediation Program as of March 19, 2020, where mediation is ongoing, three additional mediation sessions may be held on or after March 1, 2021, provided the plaintiff has filed a Federal Moratorium Affidavit with the court indicating that the mortgage is not subject to any moratorium on the foreclosure of federally backed mortgages. (See Connecticut Foreclosure Update #14 attached for details regarding the Federal Moratorium Affidavit). Any party may move to terminate or extend the mediation.

For non-federally backed mortgages pending in the Foreclosure Mediation Program where premediation has not been held, the premediation will be held on or after March 1, 2021, provided the plaintiff has filed a Federal Moratorium Affidavit indicating that the mortgage is not subject to any moratorium on the foreclosure of federally backed mortgages.

Federally Backed Mortgage Foreclosure Cases
For federally backed mortgage foreclosure cases pending in the Foreclosure Mediation Program where mediation is ongoing, three additional mediation sessions may be held on or after July 1, 2021, or the date the federal moratorium expires, if later. Any party may move to terminate or extend the mediation.

For federally backed mortgages pending in the Foreclosure Mediation Program, where premediation has not been held, the premediation will be held on or after July 1, 2021, or the date the federal moratorium expires, if later.

Additional Considerations
Premediation and mediation sessions will be held remotely until further notice. Any participant may appear by video conference or phone for any premediation meeting or mediation session scheduled. Court hearings presently take place via Microsoft Teams. Through what medium mediations take place will become clear once the sessions begin to get scheduled.

We have already filed a Federal Foreclosure Moratorium Affidavit on our existing files that are in mediation, if the file was not placed on hold by the servicer. For those files in mediation that are on hold, and the hold is not related to the federal moratoria, consideration should be given to allowing us to upload for execution and file a Federal Moratorium Affidavit so foreclosure premediation or mediation can take place. Please contact our office should you wish us to proceed in this manner on this population of files. We will be reaching out to our clients on this issue as well.

It would appear it was the intent of the Judicial Department that a federally backed mortgage that is not subject to the federal moratoria due to vacancy status should be eligible to proceed with premediation and mediation on or after March 1, 2021 rather than July 1, 2021, but standing order is not clear on this issue. However, generally, if the property is not the principal residence of the borrower, it should not qualify for foreclosure mediation anyways, so this population of loans will be very limited. The Judicial Department’s intent in this regard will become clear once foreclosure mediations start to be scheduled.

Please feel free to contact me with any questions, if you need any additional information, or if you would like to set up a call to discuss this new standing order and how to proceed. Thank you.

 Adam Bendett 
abendett@bmpc-law.com
860-255-5002.

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Bendett & McHugh,P.C.

Connecticut state COVID-19 update provided by Bendett & McHugh, P.C.

Posted: 10/20/20

Foreclosure:

We are typically able to proceed to first legal—both completion of service and filing of the complaint.  Effective September 20, 2020, we were able to file pleadings (including defaults and judgment motions) for all matters as well. Due to more limited court operations caused by the Pandemic, courts are not hearing motions for foreclosure judgment at this time, and accordingly courts are not setting new sale or vesting dates.  Also, courts are not conducting foreclosure mediations at this time. The court has not stated when those matters will be heard again. However, there is some progress in the foreclosure mediation area, as the court has started issuing notices of premediaton for cases filed after it started its more limited pandemic operations.  The courts have started holding status conferences and settlement conferences on litigated matters telephonically. Courts have also held very limited and specially assigned evidentiary and non-evidentiary hearings in foreclosure matters, including motions to set new sale or vesting dates after receiving bankruptcy clearance.  Beginning October 13. 2020 the court began considering routine non-arguable matters for foreclosure matters, such as motions to substitute or cite in parties.  The court will start hearing its weekly civil hearing calendar again via remote hearings the week of October 26, 2020. Although this does not include foreclosure matters, it does show some progress in court operations returning to normal. The appellate courts are conducting oral arguments via MSTeams. Appeals are being held telephonically as well.

The Judicial Department had postponed vesting dates in strict foreclosures to on or after October 7, 2020, with the exact vesting date dependent on the number of defendants in the case. The Judicial Department had postponed sale dates in foreclosures by sale cases to October 3, 2020. Vesting dates and sale dates have occurred and are currently occurring.

On September 24, 2020, the Connecticut Judicial Department issued a standing order entitled “Mortgage Foreclosure Standing Order Federal Mortgage Foreclosure Moratorium.”  

Cases filed on or after September 24, 2020

The order requires that all complaints filed on or after the date of the order be accompanied by an affidavit entitled: “Affidavit- Federal Mortgage Foreclosure Moratorium.”  

If a complaint is filed after the date of the standing order and the required affidavit is not filed within 14 days of the complaint filing, the standing order provides that the complaint may be dismissed. The order also requires an updated affidavit be filed when a motion for judgment is filed and when a motion for sale approval is filed. Lastly, if the affidavit is more than 30 days old when the court considers the motion for judgment or a motion to approve the sale, and updated affidavit must be filed.

Cases pending prior to September 24, 2020

The standing order states that the plaintiff shall file an executed affidavit within 14 days of the standing order, for all cases that were pending as of September 24, 2020, but for which judgment has not entered, or where a judgment of foreclosure by sale has entered and the sale has not been approved by the court. It should be noted, back in September of 2010, a similar order was issued with regard to a federal loss mitigation affidavit (that has since expired), and although that order also required an affidavit to be filed in all pending cases by a date certain, that deadline was not enforced by the courts. The standing order does also provide that no judgment shall enter and no sale shall be approved unless the plaintiff files an executed affidavit with the court. These later two provisions requiring an affidavit in connection with judgment and sale approval will surely be enforced by the court.  In addition, if the affidavit is more than 30 days old when the court considers the motion for judgment or a motion to approve the sale, and updated affidavit must be filed. 

Eviction:

Absent certain specified exceptions (and with additional disclosure requirements), the Governor’s Executive Order prohibits the start of the eviction process against a tenant in Connecticut to obtain occupancy of a residential property by way of either the issuance of a notice to quit, or the filing of a summary process complaint until January  1, 2021.  The Judicial Department has also lifted the stay regarding service of an execution of ejectment necessary for a “lock out” effective September 1, 2020.

For any questions regarding these updates, please reach out to Adam Bendett at abendett@bmpc-law.com or 860-255-5002.

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Bendett & McHugh,P.C.

Connecticut state COVID-19 update provided by Bendett & McHugh, P.C.

Posted: 09/25/20

Please be advised that on September 24, 2020, the Connecticut Judicial Department issued a standing order entitled “Mortgage Foreclosure Standing Order Federal Mortgage Foreclosure Moratorium.”  A copy of that standing can be found here.  Please note, the required affidavit that is referenced in the standing order was published sometime after 2 p.m. on September 25, 2020.

Cases filed on or after September 24, 2020

The order requires that all complaints filed on or after the date of the order be accompanied by an affidavit entitled: “Affidavit- Federal Mortgage Foreclosure Moratorium.”  A copy of this required affidavit can be found here. 

If a complaint is filed after the date of the standing order and the required affidavit is not filed within 14 days of the complaint filing, the standing order provides that the complaint may be dismissed. The order also requires an updated affidavit be filed when a motion for judgment is filed and when a motion for sale approval is filed. Lastly, if the affidavit is more than 30 days old when the court considers the motion for judgment or a motion to approve the sale, and updated affidavit must be filed.

Cases pending prior to September 24, 2020

The standing order states that the plaintiff shall file an executed affidavit within 14 days of the standing order, for all cases that were pending as of September 24, 2020, but for which judgment has not entered, or where a judgment of foreclosure by sale has entered and the sale has not been approved by the court. It should be noted, back in September of 2010, a similar order was issued with regard to a federal loss mitigation affidavit (that has since expired), and although that order also required an affidavit to be filed in all pending cases by a date certain, that deadline was not enforced by the courts. The standing order does also provide that no judgment shall enter and no sale shall be approved unless the plaintiff files an executed affidavit with the court. These later two provisions requiring an affidavit in connection with judgment and sale approval will surely be enforced by the court.  In addition, if the affidavit is more than 30 days old when the court considers the motion for judgment or a motion to approve the sale, and updated affidavit must be filed. 

For any questions regarding these updates, please reach out to Adam Bendett at abendett@bmpc-law.com or 860-255-5002.

Post by – Bendett & McHugh,P.C.

Bendett & McHugh,P.C.

Connecticut state COVID-19 update provided by Bendett & McHugh, P.C.

Posted: 07/30/20

Foreclosure:

All vesting dates in strict foreclosures have been postponed by the Judicial Department until on or after September 10, 2020, with the exact vesting date dependent on the number of defendants in the case. All sale dates in foreclosures by sale have been postponed by the Judicial Department to October 3, 2020.

Eviction:

The Governor’s Executive Order prohibits the start of the eviction process against a tenant in Connecticut to obtain occupancy of a residential property by way of either the issuance of a notice to quit, or the filing of a summary process complaint until August 22, 2020.  The Judicial Department has also issued a stay regarding service of an execution of ejectment necessary for a “lock out” through September 1, 2020.

For any questions regarding these updates, please reach out to Adam Bendett at abendett@bmpc-law.com or 860-255-5002.

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Bendett & McHugh,P.C.

Connecticut state COVID-19 update provided by Bendett & McHugh, P.C.

Posted: 07/16/20

Foreclosure:

We are typically able to proceed to first legal. One exception is for properties located in a couple of towns where the land records are not open for a title search. A second exception is if information is needed from a probate court in the event of a deceased party, and that probate court is closed. The last exception is if a court order is needed so we can serve by publication in instances where we do not have the identity of all heirs of a deceased property owner and/or the address for a defendant. We have recently filed applications for orders of notice to serve by publication in those instances, after receiving notification that some non-arguable matters would be acted on by the courts, and have started to have a few  granted by the courts. Due to suspension of appearance and pleading requirements by the Governor, we are unable to file motions for default or motions for judgment for any cases with a return date on or after March 10, 2020 at this time.  In addition, for cases with return dates prior to March 10, 2020, there are no arguable foreclosure hearings being held at this time, including motions for foreclosure judgment to set sale or vesting dates, or motions for summary judgment to resolve liability in contested cases. There are also no foreclosure mediations or trials being held at this time. The court has not stated when those matters will be heard again. The courts have started holding status conferences and settlement conferences on litigated matters telephonically. Appeals are being held telephonically as well. 

All vesting dates in strict foreclosures have been postponed by the Judicial Department until on or after August 5, 2020, with the exact vesting date dependent on the number of defendants in the case. All sale dates in foreclosures by sale have been postponed by the Judicial Department to October 3, 2020. 

Eviction:

The Governor’s Executive Order prohibits the start of the eviction process against a tenant in Connecticut to obtain occupancy of a residential property by way of either the issuance of a notice to quit, or the filing of a summary process complaint until August 22, 2020.  The Judicial Department has also issued a stay regarding service of an execution of ejectment necessary for a “lock out” through August 1, 2020. 

For any questions regarding these updates, please reach out to Adam Bendett at abendett@bmpc-law.com or 860-255-5002.

Post by – Bendett & McHugh,P.C.