Foreclosure mediation in Connecticut

How foreclosure mediation works in Connecticut, step by step

1. Who qualifies

   Mortgage foreclosure cases on 1 to 4 family homes

   You qualify if you are the borrower, you own the home and live in it as your primary residence, and it is a 1 to 4 family home in Connecticut. Some spouses and former spouses who now hold title qualify, and so do some religious organizations. Tax lien and condominium lien foreclosures are not eligible.

   Conn. Gen. Stat. § 49-31k

2. How to ask: two forms, no fee

   Within 15 days after the return date

   File an Appearance (JD-CL-12) and a Foreclosure Mediation Certificate (JD-CV-108), and send a copy of the certificate to the bank. There is no application fee. If you are late, file a Motion for Permission (JD-CV-96) with the two forms and ask a judge to let you in. The court's notice also lists approved housing counseling agencies that can help you prepare.

   Conn. Gen. Stat. § 49-31l(c), (d)

3. The bank's package

   No later than 35 days after the return date

   The bank must send you and the mediator a 12-month account history, an itemized reinstatement amount, a named contact person, its application forms and document list, and copies of the note and mortgage.

   Conn. Gen. Stat. § 49-31l(d)

4. Premediation with the mediator

   First meeting about day 49; usually done by day 84

   You meet with a Judicial Branch mediator without the bank to complete the forms and gather documents, and the mediator helps deliver them. The mediator then reports whether mediation with the bank will be scheduled. If it is not, you can file a Petition for Reinclusion (JD-CV-136).

   Conn. Gen. Stat. § 49-31l(d)

5. Mediation sessions

   Up to 3 sessions or 7 months after the return date

   Sessions are usually at the courthouse, or on a virtual platform if the mediator allows. Both sides must attend ready to mediate; the bank's lawyer is at each session and a bank representative joins by phone if not present. Bring your completed forms and updated pay stubs and bank statements. The bank has 35 days to decide on a complete application, and the court can add sessions one at a time.

   Conn. Gen. Stat. § 49-31n(a), (b), (i)

6. What it pauses

   Up to 8 months from the return date

   During that time no motions are allowed except those about mediation, though you can still file an answer or a motion to dismiss. No judgment of strict foreclosure or foreclosure by sale can enter until mediation ends. Mediation does not cancel your duty to respond to the case.

   Conn. Gen. Stat. § 49-31l(f); § 49-31n(e)

7. Outcomes, bad faith and no agreement

   At the end of mediation

   Mediation can lead to reinstatement, a repayment plan, a modification, a short sale or deed in lieu, or agreed law days or sale dates. The court can sanction conduct contrary to the program, including by barring the bank's attorney's fees or imposing fines, and an agreed modification must be sent to you at least 15 business days before the first payment. If there is no agreement, the case goes on and you may still lose the home.

   Conn. Gen. Stat. §§ 49-31m, 49-31n(b), 49-31o(b)

The program in Connecticut

Common questions in Connecticut