- Who sends it
- The court enters the judgment; the lender's lawyer must mail a letter to owners who did not appear (JD-CV-79)
- What it starts
- An auction on the date the judge set, then a court approval hearing and a supplemental judgment on the money
- Do this first
- Confirm the sale date on the Judicial Branch website and file an Appearance if you have not
What this judgment is in Connecticut
Any party may ask in a written motion for a foreclosure by sale instead of a strict foreclosure, and the judge decides (Conn. Gen. Stat. § 49-24). The judgment appoints a person to make the sale, called the committee, sets the sale date, and appoints a disinterested appraiser. The owner can ask for a second appraiser (§ 49-25).
The court's Foreclosure by Sale Standing Orders (JD-CV-79) say that within 10 days after the judgment the lender must send every owner who did not appear a letter by certified and regular mail. It must say it is sent by order of the Superior Court, give the terms of the judgment, warn that you risk losing your equity, tell you to check with the Clerk of the Court after the sale about money that may be owed to you, and tell you to file an Appearance.
How the sale works and what it does not mean
- Unless the judge orders otherwise, the sale is at 12 noon on the property, with inspection from 10 a.m. to noon (JD-CV-79).
- The ad is posted on the Judicial Branch website, and a 3 by 2 foot sign goes up on the property 20 to 30 days before the sale (except most condos).
- It is not an eviction. Ejectment can be ordered only after the sale is approved and the appeal period for that approval has passed (Conn. Gen. Stat. § 49-26).
- The sale is not final at the auction. The court must approve it, and the home can be redeemed until then (§ 49-25).
- If the home sells for less than the court appraisal, the lender must credit half the gap before collecting any deficiency (§ 49-28).
The deadlines and how to count them
- Paying the judgment debt, interest and costs to the lender before the sale stops all further proceedings (§ 49-25).
- If you file a motion to open the judgment or extend the sale date and it is denied fewer than 20 days before the sale, the sale still goes ahead, but the court cannot approve it until the appeal period ends (Practice Book § 61-11(h)). File early.
- After approval, the buyer must close 21 to 30 days after notice of approval (JD-CV-79).
- A motion for supplemental judgment, which decides who gets the money, should be filed within 90 days after the sale is approved (JD-CV-79; Conn. Gen. Stat. § 49-27).
What to do this week
- Look up your town on the Judicial Branch list of pending foreclosures by sale and call the committee named in the judgment.
- File an Appearance if you have not, so you get notice of the approval hearing and the supplemental judgment.
- Call Statewide Legal Services at 1-800-453-3320, the Connecticut Fair Housing Center at 860-247-4400, or the Department of Banking hotline at 1-877-472-8313.
- If you have a buyer, a refinance or a modification, ask about a motion to open and extend the sale date well before the last 20 days.
- After the sale, ask the clerk about leftover money. See Connecticut foreclosure surplus funds.
Scam warnings
Sale ads are public. People may offer to claim your surplus for a fee or buy your equity cheaply. Surplus is paid through the court's supplemental judgment, and you can ask for it yourself. Fee-charging foreclosure help needs a Department of Banking license (Conn. Gen. Stat. § 36a-671).
The rest of the Connecticut process
See how foreclosure works in Connecticut, the timeline, ways to stop it and free help in Connecticut, or read the national guide to this letter.
Common questions
Can I still save my Connecticut home after the foreclosure auction?
Possibly. The home can be redeemed any time before the court approves the sale (Conn. Gen. Stat. § 49-25). You can also come to the approval hearing and object.
Who gets the money from a Connecticut foreclosure sale?
The proceeds are paid into court, and after approval a supplemental judgment lists who gets paid and how much (Conn. Gen. Stat. § 49-27). The lender, other lienholders and costs come first, and anything left can go to you.
What if my Connecticut foreclosure sale is cancelled?
If it is cancelled after the ad or sign went up, the committee must post a cancellation notice on the property on the sale date and on the Judicial Branch website (JD-CV-79). Check the docket for a new date.
Other Connecticut letters
- Notice of intent to foreclose (EMAP notice)Before a Connecticut lender can start a foreclosure on a covered home loan, it must mail you this notice by registered or certified mail. It gives you 60 days from the date of the notice to meet or talk with the lender or a counseling agency and to contact the Connecticut Housing Finance Authority (CHFA) about emergency mortgage assistance. It is not a lawsuit yet.
- Writ, Summons and Complaint, with the notice "You Are Being Sued and You Are in Danger of Losing Your Property" (JD-CV-103)A Connecticut foreclosure is a Superior Court lawsuit, and a state marshal serves you the writ, summons and complaint. On top must be the court's notice "You Are Being Sued and You Are in Danger of Losing Your Property." Your deadlines count from the return date on the summons, so find it first.
- Notice to Homeowner or Religious Organization: Availability of Foreclosure Mediation (JD-CV-127)If you own and live in a 1 to 4 family home, this court notice explains the free Ezequiel Santiago Foreclosure Mediation Program. You must file the Foreclosure Mediation Certificate and an Appearance within 15 days after the return date. While mediation is open, no foreclosure judgment can enter.
- Judgment of strict foreclosure and law day letterA judgment of strict foreclosure sets law days. If you do not pay the full debt, with costs, by your law day, title passes to the lender with no auction and no surplus. If you did not file an Appearance, the lender must mail you a letter about the judgment within 10 days.
- Application and Execution for Ejectment, Mortgage Foreclosure (JD-CV-30)After title passes in a Connecticut foreclosure, the new owner can get an execution for ejectment from the court. A state marshal serves it, and removal cannot happen until at least 5 business days after service. Belongings left behind go to town storage and can be sold if not claimed within 15 days.