The foreclosure starts when the lender's attorney files a complaint in court and then serves a copy of the complaint to the borrowers, along with a summons to appear in court. A notice about the foreclosure mediation program is included with the foreclosure complaint and summons.
To participate in mediation, you have to file a Foreclosure Mediation Certificate within 15 days after the return date on the summons. The "return date" is a date that the court sets to keep track of deadlines for activity in a case. For more information about the return date and other legal terminology, see the State of Connecticut Judicial Branch's Common Legal Words page.
Because of the limited time frame to opt into the mediation program, it's important to consult with an attorney as soon as you're served with the foreclosure complaint if you have questions about the process or how to opt-in to the program. A lawyer can also make sure you file all required paperwork. If you miss the deadline and don't file the Foreclosure Mediation Certificate on time, you might still be able to participate in mediation, but you'll need to get permission from the court first.
You don't have to participate in mediation, but you can prolong the foreclosure process if you do. The mediation period concludes on the earlier of seven months from the case's return date or three mediation sessions unless extended or shortened by a judge for good cause.
Each mediation session is conducted in person unless the mediator elects to conduct the mediation session on a virtual platform or grants permission to a party, or to the party's lawyer, to appear at the mediation session on a virtual platform that the mediator approves see below. Foreclosure cases in the mediation program are subject to a litigation hold for up to eight months from the case's return date.
During this time, neither the borrower nor the lender may make any motion, request, or demand of the other except those relating to the mediation program—except the borrower is allowed to file an answer , special defenses, and counterclaims.
If the borrower files any other motion, request, or demand regarding the lender other than a motion to dismiss contesting the court's jurisdiction , the eight-month postponement is no longer is in effect. The court can't enter a judgment against the borrower unless the mediation period expires or ends, and if less than eight months elapse after the return date, it has been 15 days from the termination date, and there isn't a pending motion or request to extend the mediation period.
A Connecticut law passed in extended the state's foreclosure mediation program's end date until June 30, So, the mediation program applies to foreclosure actions that have a return date up to June 30, According to a report , 26, premediation meetings and 67, mediation sessions were held in Connecticut from July 1, to December 31, Though, meetings and sessions weren't scheduled or held from March 19, through the end of the reporting period because of the coronavirus pandemic.
These results mean you've got a decent chance of avoiding foreclosure if you participate in and complete the program. Even if mediation doesn't help you avoid a foreclosure, it doesn't hurt to participate, and you might be able to buy yourself some extra time to remain in the home without making any payments.
In Connecticut, again, the foreclosure mediation specialists are employees of the state's judicial branch. They're trained in mediation and federal and state foreclosure laws. They also know about different community-based resources and mortgage assistance programs that could be available to help homeowners facing foreclosure. Most of the mediators are lawyers who have years of mediation experience—but they don't represent either party in the process and they can't give legal advice.
So, while you don't have to hire a lawyer to represent you in your foreclosure mediation, it's often a good idea. A lawyer can give you legal advice specific to your situation and advocate on your behalf, helping you negotiate a way to avoid foreclosure. A lawyer will also ensure that your legal rights are protected in the process. Also, if you're thinking about filing a response to the foreclosure lawsuit, or any other motion with the court, consider talking to an attorney beforehand to discuss the consequences of doing so and your various options.
You might also consider consulting with a HUD-approved housing counselor to learn more about foreclosure avoidance options. For more information on Connecticut's foreclosure mediation program, go to the State of Connecticut Judicial Branch website. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Foreclosure Mediation Program in Connecticut. How Premediation Works in Connecticut If you choose to participate in mediation, you'll first go through a "premediation" process in which you'll meet with the mediator, without a lender's representative present, before the mediation occurs. How the Foreclosure Mediation Process Works in Connecticut At the mediation, the parties discuss the borrower's financial situation and various options to avoid foreclosure, including: reinstating the mortgage loan restructuring the loan with, for example, a modification or, depending on the loan type, a partial claim a "partial claim" is an interest-free, no-payment loan to get caught up on the overdue payments liquidating the property with a sale, short sale , or deed in lieu of foreclosure, and an assignment of law days.
Eligibility to Participate in Connecticut's Foreclosure Mediation Program To qualify for foreclosure mediation in Connecticut, the servicer must have already initiated a foreclosure. How You'll Find Out About Mediation in Connecticut In Connecticut, foreclosures are judicial that is, they're either a strict foreclosure or a foreclosure by sale , which means the process goes through state court.
How to Opt-In to Mediation To participate in mediation, you have to file a Foreclosure Mediation Certificate within 15 days after the return date on the summons.
How Much Foreclosure Mediation Costs in Connecticut You don't have to pay a fee to participate in Connecticut's foreclosure mediation program. If mediation is elected, all borrowers must attend the mediation unless the mediator excuses a borrower for good cause, like the borrower no longer owns the home following a divorce.
So, if a married couple signed the mortgage documents, then both spouses must attend the mediation. An attorney may accompany the borrowers to the mediation, but it's not a requirement. So, even if you don't have an attorney, you can still participate in mediation. The lender's attorney. An attorney who attends the mediation to represent the lender must have the authority to agree to a proposed settlement.
It has been amended several times since then. What changes did the legislature make to the program in ? PA also made other changes to the program.
For example, it 1 extended the program to properties owned by religious organizations; 2 generally prohibited the parties from making motions, other than those related to the mediation, for the eight months following the return date; and 3 increased documentation. Some of these changes are described in more detail below.
For a complete summary of the changes made by PA , please see the public act summary. Which borrowers can participate in the program? The program is available to owner-occupants of one-to-four family residential real property who use the property as their primary residence. As of October 1, , it is also available to religious organizations. In either case, the property must be located in Connecticut and the owner must also be the borrower under a mortgage on the property.
Is the program mandatory? The program must be available to qualifying borrowers facing foreclosure, but a borrower can chose not to participate. When a lender or other mortgagee brings a foreclosure action that qualifies for the mediation program, it must notify the borrower of the program by attaching specified documents to the foreclosure writ, summons, and complaint.
The court must also notify the borrower about the program after the mortgagee returns the writ to the court. The law requires borrowers seeking mediation to file certain forms, including an appearance and mediation certificate form, within 15 days of the foreclosure action ' s return date. The court schedules the first mediation session after 1 receiving the borrower ' s forms, 2 confirming that the borrower is eligible for the program as outlined above, and 3 confirming that the borrower sent a copy of the mediation certificate form to the plaintiff.
If a borrower chooses not to file the forms, the court will not schedule a mediation session. However, the law allows the court to refer a qualifying foreclosure case to the mediation program any time after the borrower has filed an appearance. How many mediation sessions does the law require? How long does the process take?
If a qualified borrower files the required forms, there will be at least one mediation session. After that session, the mediator must determine if the parties would benefit from further mediation see below for the mediator ' s role. The mediation period begins when the court sends notice to each party scheduling the first mediation session. The period concludes no later than 60 days after the foreclosure case ' s return date, unless the court extends it.
On a showing of good cause, the court can 1 extend the mediation period for up to 30 days on the court ' s own motion, the motion of any party, or the mediator ' s written request or 2 shorten it on the court ' s own motion or the motion of any party. In practice, the mediation process typically involves multiple sessions over several months. How does mediation affect the underlying litigation?
PA placed additional limits on what can transpire during the foreclosure case during the mediation period. Under prior law, during the mediation period, a court could not enter a judgment of strict foreclosure or foreclosure by sale until the mediation period had expired or otherwise ended, whichever was earlier.
PA extended this restriction to 15 days after the mediation period ended, if it ends fewer than eight months after the action ' s return date. The act further limited what can transpire during the litigation for a period up to eight months from the return date.
During this period, the parties cannot make a motion, request, or demand with respect to each other, other than those relating to the mediation. This restriction does not apply to a mortgagor ' s motion to dismiss challenging the court ' s jurisdiction or a mortgagee ' s response to such a motion.
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