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.

Post by – Bendett & McHugh,P.C.

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.

Post by – Bendett & McHugh,P.C.

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.