Connecticut 2019 Regular Session

Connecticut House Bill HB07388 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07388-R01-
4		-	HB.docx
5		-	1 of 2
	3	+	LCO No. 6308 1 of 2
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7		-	General Assembly ~~Substitute~~ Bill No. 7388
	5	+	General Assembly Raised Bill No. 7388
8	6		January Session, 2019
	7	+	LCO No. 6308
9	8
	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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14	19		AN ACT PROTECTING A MORTGAGOR FROM AN UNREASONABLE
15	20		INVASION OF HIS OR HER PRIVACY BY A MORT GAGE HOLDER.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1
20	25		section: 2
21	26		(1) "Mortgage" means a mortgage deed, deed of trust or other 3
22	27		equivalent consensual security interest on residential real property 4
23	28		securing a loan made primarily for personal, family or household 5
24	29		purposes that is first in priority over any other mortgages or liens 6
25	30		encumbering the residential real property, except those liens that are 7
26	31		given priority over a mortgage pursuant to state or federal law; 8
27	32		(2) "Mortgagee" means the owner or servicer of the debt secured by 9
28	33		a mortgage; 10
29	34		(3) "Mortgagor" means the owner-occupant of residential real 11
30	35		property located in this state who is also the borrower under the loan 12
31	36		that is secured by a mortgage and includes the heirs or assigns of the 13
32		-	mortgagor; and 14
33		-	(4) "Residential real property" means a one-to-four-family dwelling 15
34		-	occupied as a residence by a mortgagor. 16 Substitute Bill No. 7388
	37	+	mortgagor; and 14 Raised Bill No. 7388
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37		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07388-
38		-	R01-HB.docx }
39		-	2 of 2
40	40
	41	+	LCO No. 6308 2 of 2
	42	+
	43	+	(4) "Residential real property" means a one-to-four-family dwelling 15
	44	+	occupied as a residence by a mortgagor. 16
41	45		(b) No property preservation clause set forth in any mortgage 17
42	46		permitting the mortgagee the right to secure, preserve or protect the 18
43	47		residential real property shall be construed as to permit the mortgagee, 19
44		-	or any agent, employee or representative of the mortgagee, to enter 20
	48	+	or any agent, employee or representative of the mortgagee to enter 20
45	49		upon the residential real property without the permission of the 21
46		-	owner, occupant or mortgagor or an order of the superior court for the 22
47		-	judicial district in which the property is situated. 23
48		-	(c) No mortgagee or any agent, employee or representative of the 24
49		-	mortgagee shall enter upon the residential real property secured by the 25
50		-	mortgage without the permission of the owner, occupant or mortgagor 26
51		-	or an order of the superior court for the judicial district in which the 27
52		-	property is situated. 28
53		-	(d) On and after October 1, 2019, no mortgagee shall require a 29
54		-	mortgagor, as a condition of obtaining a loan, to agree that a 30
55		-	mortgagee, or assignee of such mortgagee, has any right to enter the 31
56		-	residential real property secured by the mortgage without the 32
57		-	permission of the owner, occupant or mortgagor or an order of the 33
58		-	superior court for the judicial district in which the property is situated. 34
	50	+	owner, occupant or mortgagor or an order of a court. 22
	51	+	(c) No mortgagee or any agent, employee or representative of the 23
	52	+	mortgagee shall enter upon the residential real property secured by the 24
	53	+	mortgage without the permission of the owner, occupant or mortgagor 25
	54	+	or an order of a court. 26
	55	+	(d) On and after October 1, 2019, no mortgagee shall require a 27
	56	+	mortgagor, as a condition of obtaining a loan, to agree that a 28
	57	+	mortgagee, or assignee of such mortgagee, has any right to enter the 29
	58	+	residential real property secured by the mortgage without the 30
	59	+	permission of the owner, occupant or mortgagor or an order of a court. 31
59	60		This act shall take effect as follows and shall amend the following
60	61		sections:
61	62
62	63		Section 1 October 1, 2019 New section
63	64
64		-	JUD Joint Favorable Subst.
	65	+	Statement of Purpose:
	66	+	To ensure that a mortgagee does not enter upon the residential real
	67	+	property that is the subject of the mortgage without the permission of
	68	+	the owner, occupant or mortgagor or an order of a court.
	69	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	70	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	71	+	not underlined.]
65	72