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General Assembly Raised Bill No. 823
January Session, 2019
LCO No. 3759
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT EXTENDING THE FORECL OSURE MEDIATION PROG RAM
UNTIL JUNE 30, 2023.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 49-31l of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) Prior to July 1, [2019] 2023: (1) Any action for the foreclosure of a 3
mortgage on residential real property with a return date during the 4
period from July 1, 2008, to June 30, 2009, inclusive, shall be subject to 5
the provisions of subsection (b) of this section, and (2) any action for 6
the foreclosure of a mortgage on (A) residential real property with a 7
return date during the period from July 1, 2009, to June 30, [2019] 2023, 8
inclusive, or (B) real property owned by a religious organization with a 9
return date during the period from October 1, 2011, to June 30, [2019] 10
2023, inclusive, shall be subject to the provisions of subsection (c) of 11
this section. 12
(b) (1) Prior to July 1, [2019] 2023, when a mortgagee commences an 13
action for the foreclosure of a mortgage on residential real property 14
with a return date during the period from July 1, 2008, to June 30, 2009, 15 Raised Bill No. 823
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inclusive, the mortgagee shall give notice to the mortgagor of the 16
foreclosure mediation program established in section 49-31m by 17
attaching to the front of the foreclosure complaint that is served on the 18
mortgagor: (A) A copy of the notice of the availability of foreclosure 19
mediation, in such form as the Chief Court Administrator prescribes, 20
and (B) a foreclosure mediation request form, in such form as the Chief 21
Court Administrator prescribes. 22
(2) Except as provided in subdivision (3) of this subsection, a 23
mortgagor may request foreclosure mediation by submitting the 24
foreclosure mediation request form to the court and filing an 25
appearance not more than fifteen days after the return date for the 26
foreclosure action. Upon receipt of the foreclosure mediation request 27
form, the court shall notify each appearing party that a foreclosure 28
mediation request form has been submitted by the mortgagor. 29
(3) The court may grant a mortgagor permission to submit a 30
foreclosure mediation request form and file an appearance after the 31
fifteen-day period established in subdivision (2) of this subsection, for 32
good cause shown. 33
(4) No foreclosure mediation request form may be submitted to the 34
court under this subsection on or after July 1, [2019] 2023. 35
(5) If at any time on or after July 1, 2008, but prior to July 1, [2019] 36
2023, the court determines that the notice requirement of subdivision 37
(1) of this subsection has not been met, the court may, upon its own 38
motion or upon the written motion of the mortgagor, issue an order 39
that no judgment may enter for fifteen days during which period the 40
mortgagor may submit a foreclosure mediation request form to the 41
court. 42
(6) Notwithstanding any provision of the general statutes or any 43
rule of law to the contrary, prior to July 1, [2019] 2023, no judgment of 44
strict foreclosure nor any judgment ordering a foreclosure sale shall be 45
entered in any action subject to the provisions of this subsection and 46 Raised Bill No. 823
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instituted by the mortgagee to foreclose a mortgage on residential real 47
property unless: (A) Notice to the mortgagor has been given by the 48
mortgagee in accordance with subdivision (1) of this subsection and 49
the time for submitting a foreclosure mediation request form has 50
expired and no foreclosure mediation request form has been 51
submitted, or if such notice has not been given, the time for submitting 52
a foreclosure mediation request form pursuant to subdivision (2) or (3) 53
of this subsection has expired and no foreclosure mediation request 54
form has been submitted, or (B) the mediation period set forth in 55
subsection (b) of section 49-31n, as amended by this act, has expired or 56
has otherwise terminated, whichever is earlier. 57
(7) None of the mortgagor's or mortgagee's rights in the foreclosure 58
action shall be waived by the mortgagor's submission of a foreclosure 59
mediation request form to the court. 60
(c) (1) Prior to July 1, [2019] 2023, when a mortgagee commences an 61
action for the foreclosure of a mortgage on residential real property 62
with a return date on or after July 1, 2009, or, with respect to real 63
property owned by a religious organization, a return date on or after 64
October 1, 2011, the mortgagee shall give notice to the mortgagor of 65
the foreclosure mediation program established in section 49-31m by 66
attaching to the front of the writ, summons and complaint that is 67
served on the mortgagor: (A) A copy of the notice of foreclosure 68
mediation, in such form as the Chief Court Administrator prescribes, 69
(B) a copy of the foreclosure mediation certificate form described in 70
subdivision (3) of this subsection, in such form as the Chief Court 71
Administrator prescribes, (C) a blank appearance form, in such form as 72
the Chief Court Administrator prescribes, (D) with respect to an action 73
for the foreclosure of a mortgage on residential real property with a 74
return date on or after October 1, 2011, to September 30, 2013, 75
inclusive, a mediation information form and a notice containing 76
contact information for authority-approved consumer credit 77
counseling agencies, which form and notice shall be in such form as 78
the Chief Court Administrator prescribes, and which form shall be 79 Raised Bill No. 823
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designed to elicit current financial information and such other 80
nonfinancial information from the mortgagor as the Chief Court 81
Administrator, in consultation with representatives from the banking 82
industry and consumer advocates, determines will further the 83
objectives of the mediation program. The Chief Court Administrator 84
shall develop a premediation review protocol pursuant to which the 85
mediator shall request that any documents submitted to the mediator 86
for initial review that are incomplete, contain errors or are likely to be 87
found unacceptable by the mortgagee be completed or corrected and 88
that the completed or corrected documents be resubmitted to the 89
mediator for review. Such premediation review, including any 90
recommendations to complete or correct documents, shall not be 91
construed to be the practice of law on behalf of any party to the 92
mediation or the provision of legal advice by the mediator. The 93
instructions to the mediation information form shall explain that the 94
completed mediation information form, along with accompanying 95
documentation reasonably requested from the mortgagor by way of 96
such instructions, shall be delivered to the mortgagee's counsel not 97
later than fifteen business days prior to the date of the initial mediation 98
session, as identified in the notice provided pursuant to subdivision (2) 99
of subsection (c) of section 49-31n, as amended by this act, and (E) for 100
an action to foreclose a mortgage on residential real property with a 101
return date on or after October 1, 2013, the mediation information form 102
shall instruct the mortgagor as to the objectives of the mediation 103
program, explain the preliminary process of meeting with the 104
mediator as described in subdivision (4) of this subsection, instruct the 105
mortgagor to begin gathering financial documentation commonly used 106
in foreclosure mediation for use in meeting with the mediator and in 107
mediation, and include a notice containing contact information for 108
authority-approved consumer counseling agencies, which shall be in 109
such form as the Chief Court Administrator prescribes. The content of 110
the mediation information form shall be designed by the Chief Court 111
Administrator in consultation with representatives from the banking 112
industry and consumer advocates. 113 Raised Bill No. 823
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(2) The court shall issue a notice of foreclosure mediation described 114
in subdivision (3) of this subsection to the mortgagor not later than the 115
date three business days after the date the mortgagee returns the writ 116
to the court. 117
(3) The notice of foreclosure mediation shall instruct the mortgagor 118
to file the appearance and foreclosure mediation certificate forms with 119
the court not later than the date fifteen days from the return date for 120
the foreclosure action. With respect to actions with a return date 121
during the period from October 1, 2011, to September 30, 2013, 122
inclusive, such notice shall remind the mortgagor to deliver the 123
completed mediation information form and the accompanying 124
documentation described in subdivision (1) of this subsection and 125
encourage such delivery in advance of the required date. With respect 126
to actions with a return date during the period from October 1, 2013, to 127
June 30, [2019] 2023, inclusive, such notice shall instruct the mortgagor 128
to begin gathering financial information commonly used in foreclosure 129
mediation for use in meeting with the mediator and in mediation. The 130
mediation information form and accompanying documentation shall 131
not, without the explicit written instruction of the mortgagor, be 132
publicly available. Such notice of foreclosure mediation shall be 133
accompanied by materials from the Department of Banking, as 134
prescribed by the Chief Court Administrator, which shall describe the 135
community-based resources available to the mortgagor, including 136
authority-approved housing counseling agencies that may assist with 137
preparation for mediation and application for mortgage assistance 138
programs. The foreclosure mediation certificate form shall require the 139
mortgagor to provide sufficient information to permit the court to 140
confirm that the defendant in the foreclosure action is a mortgagor, 141
and to certify that said mortgagor has sent a copy of the mediation 142
certificate form to the plaintiff in the action. With respect to actions 143
with a return date on or after October 1, 2015, in order to ensure that 144
all necessary consents to the disclosure of nonpublic personal financial 145
information have been provided to the mortgagee, such that a spouse 146
may be considered a permitted successor-in-interest, the court shall 147 Raised Bill No. 823
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confirm that the foreclosure mediation certificate submitted by (A) the 148
spouse or former spouse provides consent to the full disclosure by the 149
mortgagee of such spouse's or former spouse's nonpublic personal 150
financial information to any other person who is obligated as a 151
borrower on the note, to the extent the mortgagee has such 152
information, and (B) any other person who is a mortgagor provides 153
consent to the full disclosure by the mortgagee of such person's 154
nonpublic personal financial information to such spouse or former 155
spouse, to the extent the mortgagee has such information. If a 156
foreclosure mediation certificate is not submitted by a mortgagor, 157
other than a spouse or former spouse claiming to be a permitted 158
successor-in-interest, the court shall confirm, in lieu of the 159
requirements of subparagraph (B) of this subdivision, that the 160
foreclosure mediation certificate submitted by the spouse or former 161
spouse contains a statement, signed by the spouse or former spouse, 162
certifying that all persons who are obligated on the note have 163
otherwise given documentation to the mortgagee which allows for the 164
full disclosure by the mortgagee of such person's nonpublic personal 165
information to the spouse or former spouse, to the extent the 166
mortgagee has such information. Such a certification may be rebutted 167
conclusively by the mortgagee if the mortgagee submits a written 168
statement to the court in which the mortgagee certifies that, based 169
upon reasonable belief, the mortgagee does not possess such 170
documentation. 171
(4) Upon receipt of the mortgagor's appearance and foreclosure 172
mediation certificate forms, and provided the court confirms the 173
defendant in the foreclosure action is a mortgagor and that said 174
mortgagor has sent a copy of the mediation certificate form to the 175
plaintiff, the court shall assign the case to mediation and issue notice of 176
such assignment to all appearing parties, which notice shall include an 177
electronic mail address for all communications related to the 178
mediation. The court shall issue such notice not earlier than the date 179
five business days after the return date or by the date three business 180
days after the date on which the court receives the mortgagor's 181 Raised Bill No. 823
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appearance and foreclosure mediation certificate forms, whichever is 182
later, except that if the court does not receive the appearance and 183
foreclosure mediation certificate forms from the mortgagor by the date 184
fifteen days after the return date for the foreclosure action, the court 185
shall not assign the case to mediation. Promptly upon receipt of the 186
notice of assignment, but not later than the thirty-fifth day following 187
the return date, the mortgagee or its counsel shall deliver to the 188
mediator, via the electronic mail address provided for communications 189
related to the mediation, and to the mortgagor, via first class, priority 190
or overnight mail, (A) an account history identifying all credits and 191
debits assessed to the loan account and any related escrow account in 192
the immediately preceding twelve-month period and an itemized 193
statement of the amount required to reinstate the mortgage loan with 194
accompanying information, written in plain language, to explain any 195
codes used in the history and statement which are not otherwise self-196
explanatory, (B) the name, business mailing address, electronic mail 197
address, facsimile number and direct telephone number of an 198
individual able to respond with reasonable adequacy and promptness 199
to questions relative to the information submitted to the mediator 200
pursuant to this subdivision, and any subsequent updates to such 201
contact information, which shall be provided reasonably promptly to 202
the mediator via the electronic mail address provided for 203
communication related to the mediation, (C) current versions of all 204
reasonably necessary forms and a list of all documentation reasonably 205
necessary for the mortgagee to evaluate the mortgagor for common 206
alternatives to foreclosure that are available through the mortgagee, if 207
any, (D) a copy of the note and mortgage, including any agreements 208
modifying such documents, (E) summary information regarding the 209
status of any pending foreclosure avoidance efforts being undertaken 210
by the mortgagee, (F) a copy of any loss mitigation affidavit filed with 211
the court, and (G) at the mortgagee's option, (i) the history of 212
foreclosure avoidance efforts with respect to the mortgagor, (ii) 213
information regarding the condition of mortgaged property, and (iii) 214
such other information as the mortgagee may determine is relevant to 215
meeting the objectives of the mediation program. Following the 216 Raised Bill No. 823
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mediator's receipt of such information, the court shall assign a 217
mediator to the mediation and schedule a meeting with the mediator 218
and all mortgagors who are relevant and necessary to the mediation 219
and to any agreement being contemplated in connection with the 220
mediation and shall endeavor to hold such meeting on or prior to the 221
forty-ninth day following the return date. The notice of such meeting 222
shall instruct the mortgagor to complete the forms prior to the meeting 223
and to furnish such forms together with the documentation contained 224
in the list, as provided by the mortgagee following the filing of the 225
foreclosure mediation certificate, at the meeting. At such meeting, the 226
mediator shall review such forms and documentation with the 227
mortgagor, along with the information supplied by the mortgagee, in 228
order to discuss the options that may be available to the mortgagor, 229
including any community-based resources, and assist the mortgagor in 230
completing the forms and furnishing the documentation necessary for 231
the mortgagee to evaluate the mortgagor for alternatives to 232
foreclosure. The mediator may elect to schedule subsequent meetings 233
with the mortgagor and determine whether any mortgagor may be 234
excused from an in-person appearance at such subsequent meeting. 235
The mediator may excuse any mortgagor from attending such meeting 236
or any subsequent meetings, provided the mortgagor shows good 237
cause for nonattendance. Such good cause may include, but is not 238
limited to, the mortgagor no longer owning the home pursuant to a 239
judgment of marital dissolution and related transfer via deed, or no 240
longer residing in the home and not being a necessary party to any 241
agreement being contemplated in connection with the mediation. As 242
soon as practicable, but in no case later than the eighty-fourth day 243
following the return date, or the extended deadline if such an extended 244
deadline is established pursuant to this subdivision, the mediator shall 245
facilitate and confirm the submission by the mortgagor of the forms 246
and documentation to the mortgagee's counsel via electronic means 247
and, at the mortgagee's election, directly to the mortgagee per the 248
mortgagee's instruction, and determine, based on the participating 249
mortgagor's attendance at the meetings and the extent the mortgagor 250
completed the forms and furnished the documentation contemplated 251 Raised Bill No. 823
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in this subdivision, or failed to perform such tasks through no material 252
fault of the mortgagee, and file a report with the court indicating, (I) 253
whether mediation shall be scheduled with the mortgagee, (II) whether 254
the mortgagor attended scheduled meetings with the mediator, (III) 255
whether the mortgagor fully or substantially completed the forms and 256
furnished the documentation requested by the mortgagee, (IV) the 257
date on which the mortgagee supplied the forms and documentation, 258
and (V) any other information the mediator determines to be relevant 259
to the objectives of the mediation program. The mediator may file, and 260
the court may grant, a motion for extension of the premediation period 261
beyond the eighty-fourth day following the return date if good cause 262
can be shown for such an extension. Any such motion shall be filed, 263
with a copy simultaneously sent to the mortgagee and as soon as 264
practicable to the mortgagor, not later than the eighty-fourth day 265
following the return date. The mortgagee and mortgagor shall each 266
have five business days from the day the motion was filed to file an 267
objection or supplemental papers, and the court shall issue its ruling, 268
without a hearing, not later than ten business days from the date the 269
motion was filed. If the court determines that good cause exists for an 270
extension, the court shall therewith establish an extended deadline so 271
that the premediation period shall end as soon thereafter as may be 272
practicable, but not later than thirty-five days from the date of the 273
ruling, taking into account the complexity of the mortgagor's financial 274
circumstances, the mortgagee's documentation requirements, and the 275
timeliness of the mortgagee's and mortgagor's compliance with their 276
respective premediation obligations. If the court denies the mediator's 277
motion, the extended deadline for purposes of this subdivision shall be 278
three days after the court rules on the motion. No meeting or 279
communication between the mediator and mortgagor under this 280
subdivision shall be treated as an impermissible ex parte 281
communication. If the mediator determines that the mortgagee shall 282
participate in mediation, the court shall promptly issue notice to all 283
parties of such determination and schedule a mediation session 284
between the mortgagee and all mortgagors who are relevant and 285
necessary to the mediation and to any agreement being contemplated 286 Raised Bill No. 823
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in connection with the mediation, in accordance with subsection (c) of 287
section 49-31n, as amended by this act, to be held not later than five 288
weeks following the submission to the mortgagee of the forms and 289
documentation contemplated in this subdivision. The mediator may 290
excuse any mortgagor from attending the mediation session or 291
subsequent meetings, provided good cause is shown for 292
nonattendance. Such good cause may include, but is not limited to, the 293
mortgagor no longer owning the home pursuant to a judgment of 294
marital dissolution and related transfer via deed, no longer residing in 295
the home or not being a necessary party to any agreement being 296
contemplated in connection with the mediation. If the mediator 297
determines that no sessions between the mortgagee and mortgagor 298
shall be scheduled, the court shall promptly issue notice to all parties 299
regarding such determination and mediation shall be terminated. Any 300
mortgagor wishing to contest such determination shall petition the 301
court and show good cause for reinclusion in the mediation program, 302
including, but not limited to, a material change in financial 303
circumstances or a mistake or misunderstanding of the facts by the 304
mediator. 305
(5) Notwithstanding the provisions of this subsection, the court may 306
refer a foreclosure action brought by a mortgagee to the foreclosure 307
mediation program at any time, for good cause shown, provided the 308
mortgagor has filed an appearance in [said] such action and further 309
provided the court shall, not later than the date three business days 310
after the date on which it makes such referral, send a notice to each 311
appearing party assigning the case to mediation and requiring the 312
parties to participate in the premediation process described in 313
subdivision (4) of this subsection, with the court establishing deadlines 314
to ensure that the premediation process is to be completed by the 315
parties as expeditiously as the circumstances warrant and permit. 316
When determining whether good cause exists, the court shall consider 317
whether the parties are likely to benefit from mediation and, in the 318
case of a referral after prior attempts at mediation have been 319
terminated, whether there has been a material change in 320 Raised Bill No. 823
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circumstances. 321
(6) Notwithstanding any provision of the general statutes or any 322
rule of law, prior to July 1, [2019] 2023, (A) for the period of time which 323
shall not exceed eight months from the return date, the mortgagor 324
shall be permitted to file an answer, special defenses or counterclaims, 325
but no mortgagee or mortgagor shall make any motion, request or 326
demand with respect to the other, except those motions, requests or 327
demands that relate to the mediation program described in section 49-328
31m and the mediation sessions held pursuant to such program, 329
provided (i) a mortgagor seeking to contest the court's jurisdiction may 330
file a motion to dismiss and the mortgagee may object to such motion 331
to dismiss in accordance with applicable law and the rules of the 332
courts, and (ii) if the mortgagor elects to make any other motion, 333
request or demand with respect to the mortgagee, the eight-month 334
limit shall no longer apply to either party; and (B) no judgment of strict 335
foreclosure nor any judgment ordering a foreclosure sale shall be 336
entered in any action subject to the provisions of this subsection and 337
instituted by the mortgagee to foreclose a mortgage on residential real 338
property or real property owned by a religious organization unless: (i) 339
The mediation period set forth in subsection (c) of section 49-31n, as 340
amended by this act, has expired or has otherwise terminated, 341
whichever is earlier, and, if fewer than eight months has elapsed from 342
the return date at the time of termination, fifteen days have elapsed 343
since such termination and any pending motion or request to extend 344
the mediation period has been heard and denied by the court, or (ii) 345
the mediation program is not otherwise required or available. Nothing 346
in this subdivision shall affect any motion made or any default or 347
judgment entered on or before June 30, 2011. 348
(7) With respect to foreclosure actions with a return date during the 349
period from July 1, 2011, to June 30, [2019] 2023, inclusive, 350
notwithstanding any provision of the general statutes or any rule of 351
law to the contrary, the mortgagee shall be permitted following the 352
eight-month or fifteen-day period described in subdivision (6) of this 353 Raised Bill No. 823
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subsection, to simultaneously file, as applicable, (A) a motion for 354
default, and (B) a motion for judgment of strict foreclosure or a motion 355
for judgment of foreclosure by sale with respect to the mortgagor in 356
the foreclosure action. 357
(8) None of the mortgagor's or mortgagee's rights in the foreclosure 358
action shall be waived by participation in the foreclosure mediation 359
program. 360
Sec. 2. Section 49-31n of the general statutes is repealed and the 361
following is substituted in lieu thereof (Effective from passage): 362
(a) Prior to July 1, [2019] 2023: (1) Any action for the foreclosure of a 363
mortgage on residential real property with a return date during the 364
period from July 1, 2008, to June 30, 2009, inclusive, shall be subject to 365
the provisions of subsection (b) of this section, and (2) any action for 366
the foreclosure of a mortgage on (A) residential real property with a 367
return date during the period from July 1, 2009, to June 30, [2019] 2023, 368
inclusive, or (B) real property owned by a religious organization with a 369
return date during the period from October 1, 2011, to June 30, [2019] 370
2023, inclusive, shall be subject to the provisions of subsection (c) of 371
this section. 372
(b) (1) For any action for the foreclosure of a mortgage on residential 373
real property with a return date during the period from July 1, 2008, to 374
June 30, 2009, inclusive, the mediation period under the foreclosure 375
mediation program established in section 49-31m shall commence 376
when the court sends notice to each appearing party that a foreclosure 377
mediation request form has been submitted by a mortgagor to the 378
court, which notice shall be sent not later than three business days after 379
the court receives a completed foreclosure mediation request form. The 380
mediation period shall conclude not later than the conclusion of the 381
third mediation session between the mortgagor and mortgagee or 382
seven months after the return date, whichever is earlier, except that the 383
court may, in its discretion, for good cause shown, upon the motion of 384
any party or the mediator, extend the mediation period subject to the 385 Raised Bill No. 823
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provisions of subdivision (9) of this subsection or shorten the 386
mediation period. 387
(2) The first mediation session shall be held not later than fifteen 388
business days after the court sends notice to all parties that a 389
foreclosure mediation request form has been submitted to the court. 390
The mortgagor and mortgagee shall appear in person at each 391
mediation session and shall have the ability to mediate, except that (A) 392
if a party is represented by counsel, the party's counsel may appear in 393
lieu of the party to represent the party's interests at the mediation, 394
provided the party has the ability to mediate, and the party is available 395
(i) during the mediation session by telephone, and (ii) to participate in 396
the mediation session by speakerphone, provided an opportunity is 397
afforded for confidential discussions between the party and party's 398
counsel, (B) following the initial mediation session, if there are two or 399
more mortgagors who are self-represented, only one mortgagor shall 400
be required to appear in person at each subsequent mediation session 401
unless good cause is shown, provided the other mortgagors are 402
available (i) during the mediation session, and (ii) to participate in the 403
mediation session by speakerphone, (C) if a party suffers from a 404
disability or other significant hardship that imposes an undue burden 405
on such party to appear in person, the mediator may grant permission 406
to such party to participate in the mediation session by telephone, and 407
(D) a mortgagor may be excused from appearing at the mediation 408
session if good cause is shown that the presence of such mortgagor is 409
not needed to further the interests of mediation. Such good cause may 410
include, but is not limited to, the mortgagor no longer owning the 411
home pursuant to a judgment of marital dissolution and related 412
transfer via deed, no longer residing in the home or not being a 413
necessary party to any agreement being contemplated in connection 414
with the mediation. A mortgagor's spouse, who is not a mortgagor but 415
who lives in the subject property, may appear at each mediation 416
session, provided all appearing mortgagors consent, in writing, to such 417
spouse's appearance or such spouse shows good cause for his or her 418
appearance and the mortgagors consent in writing to the disclosure of 419 Raised Bill No. 823
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nonpublic personal information to such spouse. If the mortgagor has 420
submitted a complete package of financial documentat ion in 421
connection with a request for a particular foreclosure alternative, the 422
mortgagee shall have thirty-five days from the receipt of the completed 423
package to respond with a decision and, if the decision is a denial of 424
the request, provide the reasons for such denial. If the mortgagor has, 425
in connection with a request for a foreclosure alternative, submitted a 426
financial package that is not complete, or if the mortgagee's evaluation 427
of a complete package reveals that additional information is necessary 428
to underwrite the request, the mortgagee shall request the missing or 429
additional information within a reasonable period of time of such 430
evaluation. If the mortgagee's evaluation of a complete package reveals 431
that additional information is necessary to underwrite the request, the 432
thirty-five-day deadline for a response shall be extended but only for 433
so long as is reasonable given the timing of the mortgagor's submission 434
of such additional information and the nature and context of the 435
required underwriting. Not later than the third business day after each 436
mediation session held on or after June 18, 2013, the mediator shall file 437
with the court a report indicating, to the extent applicable, (i) the 438
extent to which each of the parties complied with the requirements set 439
forth in this subdivision, including the requirement to engage in 440
conduct that is consistent with the objectives of the mediation program 441
and to possess the ability to mediate, (ii) whether the mortgagor 442
submitted a complete package of financial documentation to the 443
mortgagee, (iii) a general description of the foreclosure alternative 444
being requested by the mortgagor, (iv) whether the mortgagor has 445
previously been evaluated for similar requests, whether prior to 446
mediation or in mediation, and, if so, whether there has been any 447
apparent change in circumstances since a decision was made with 448
respect to that prior evaluation, (v) whether the mortgagee has 449
responded to the mortgagor's request for a foreclosure alternative and, 450
if so, a description of the response and whether the mediator is aware 451
of any material reason not to agree with the response, (vi) whether the 452
mortgagor has responded to an offer made by the mortgagee on a 453
reasonably timely basis, and if so, an explanation of the response, (vii) 454 Raised Bill No. 823
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whether the mortgagee has requested additional information from the 455
mortgagor and, if so, the stated reasons for the request and the date by 456
which such additional information shall be submitted so that 457
information previously submitted by the mortgagor, to the extent 458
possible, may still be used by the mortgagee in conducting its review, 459
(viii) whether the mortgagor has supplied, on a reasonably timely 460
basis, any additional information that was reasonably requested by the 461
mortgagee, and, if not, the stated reason for not doing so, (ix) if 462
information provided by the mortgagor is no longer current for 463
purposes of evaluating a foreclosure alternative, a description of the 464
out-of-date information and an explanation as to how and why such 465
information is no longer current, (x) whether the mortgagee has 466
provided a reasonable explanation of the basis for a decision to deny a 467
request for a loss mitigation option or foreclosure alternative and 468
whether the mediator is aware of any material reason not to agree with 469
that decision, (xi) whether the mortgagee has complied with the time 470
frames set forth in this subdivision for responding to requests for 471
decisions, (xii) if a subsequent mediation session is expected to occur, a 472
general description of the expectations for such subsequent session 473
and for the parties prior to such subsequent session and, if not 474
otherwise addressed in the report, whether the parties satisfied the 475
expectations set forth in previous reports, and (xiii) a determination of 476
whether the parties will benefit from further mediation. The mediator 477
shall deliver a copy of such report to each party to the mediation when 478
the mediator files the report. The parties shall have the opportunity to 479
submit their own supplemental information following the filing of the 480
report, provided such supplemental information shall be submitted 481
not later than five business days following the receipt of the mediator's 482
report. Any request by the mortgagee to the mortgagor for additional 483
or updated financial documentation shall be made in writing. The 484
court may impose sanctions on any party or on counsel to a party if 485
such party or such counsel engages in intentional or a pattern or 486
practice of conduct during the mediation process that is contrary to the 487
objectives of the mediation program. Any sanction that is imposed 488
shall be proportional to the conduct and consistent with the objectives 489 Raised Bill No. 823
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of the mediation program. Available sanctions shall include, but not be 490
limited to, terminating mediation, ordering the mortgagor or 491
mortgagee to mediate in person, forbidding the mortgagee from 492
charging the mortgagor for the mortgagee's attorney's fees, awarding 493
attorney's fees, and imposing fines. In the case of egregious 494
misconduct, the sanctions shall be heightened. The court shall not 495
award attorney's fees to any mortgagee for time spent in any 496
mediation session if the court finds that such mortgagee has failed to 497
comply with this subdivision, unless the court finds reasonable cause 498
for such failure. 499
(3) If the mediator reports to the court that the parties will not 500
benefit from further mediation, the mediation period shall terminate 501
automatically. If the mediator reports to the court after the first or 502
second mediation session that the parties may benefit from further 503
mediation, the mediation period shall continue. 504
(4) If the mediation period concludes and certain issues have not 505
been resolved pursuant to the mediation, the mediator may refer the 506
mortgagor to any appropriate community-based services that are 507
available. 508
(5) The Chief Court Administrator shall establish policies and 509
procedures to implement this subsection. Such policies and procedures 510
shall, at a minimum, provide that the mediator shall advise the 511
mortgagor at the first meeting required by subdivision (4) of 512
subsection (c) of section 49-31l, as amended by this act, that a judgment 513
of strict foreclosure or foreclosure by sale may cause the mortgagor to 514
lose the residential real property to foreclosure. 515
(6) In no event shall any determination issued by a mediator under 516
this program form the basis of an appeal of any foreclosure judgment. 517
(7) Foreclosure mediation request forms shall not be accepted by the 518
court under this subsection on or after July 1, [2019] 2023, and the 519
foreclosure mediation program shall terminate when all mediation has 520 Raised Bill No. 823
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concluded with respect to any applications submitted to the court prior 521
to July 1, [2019] 2023. 522
(8) At any time during the mediation period, the mediator may refer 523
a mortgagor who is the owner-occupant of one-to-four family 524
residential real property to the mortgage assistance programs, except 525
that any such referral shall not prevent a mortgagee from proceeding 526
to judgment when the conditions specified in subdivision (6) of 527
subsection (b) of section 49-31l, as amended by this act, have been 528
satisfied. 529
(9) (A) The mediation period shall conclude following the third 530
mediation session or if more than seven months have elapsed since the 531
return date. Not later than fifteen days following the conclusion of the 532
mediation period, and any extended mediation sessions held in 533
accordance with this subdivision, any party may move for, or the 534
mediator may request, an extension of the mediation period. The court 535
shall grant only one additional mediation session per motion or 536
request upon a finding that it is highly probable the parties will reach 537
an agreement through mediation. The court may also grant one 538
additional mediation session per motion or request upon a finding that 539
any party has engaged, either intentionally or by a pattern or practice, 540
in conduct that is contrary to the objectives of the mediation program. 541
The court shall make its ruling not later than twenty days after the 542
filing of such motion or request, and no judgment of strict foreclosure 543
or any judgment ordering a foreclosure sale shall be entered until (i) 544
the court denies the motion or request, or (ii) the conclusion of the 545
extended mediation session, except as provided in subparagraph (B) of 546
this subdivision. Upon the grant of an additional mediation session 547
following the proper finding, the court shall establish an expeditious 548
deadline for such extended mediation session to occur. Such extended 549
mediation period shall conclude following such extended mediation 550
session. 551
(B) The mediation period may be extended for one additional 552
mediation session without a hearing held pursuant to this subdivision 553 Raised Bill No. 823
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provided all parties to the mediation agree that such parties would 554
benefit from such a session and, in consultation with the mediator, 555
establish an expeditious deadline for such session to take place. 556
(C) To determine whether to extend mediation, the court may 557
consider all matters that have arisen in the mediation, including, but 558
not limited to, the number of motions to extend mediation, the reasons 559
for which an agreement has not been reached, the objectives of the 560
mediation program, the extent to which the parties will benefit from 561
further mediation, the reports submitted by the mediator, papers 562
submitted in connection with any motion, and any supplemental 563
reports submitted by a party. The court shall articulate its reasons in 564
the order granting or denying any such motion or request to extend 565
mediation. 566
(10) For any case pending as of October 1, 2013, in which mediation 567
is ongoing, (A) if three or fewer sessions have been held, such case 568
shall be treated as if no sessions have been held as of said date for 569
purposes of subdivision (9) of this subsection, and (B) if four or more 570
sessions have been held, then any party or the mediator may move to 571
terminate the mediation period or extend such period in accordance 572
with subdivision (9) of this subsection and, if no such motion to extend 573
is made, the mediation period shall conclude after the third mediation 574
session occurring after October 1, 2013. 575
(c) (1) For any action for the foreclosure of a mortgage on residential 576
real property with a return date during the period from July 1, 2009, to 577
June 30, [2019] 2023, inclusive, or for any action for the foreclosure of a 578
mortgage on real property owned by a religious organization with a 579
return date during the period from October 1, 2011, to June 30, [2019] 580
2023, inclusive, the mediation period under the foreclosure mediation 581
program established in section 49-31m shall commence when the court 582
sends notice to each appearing party scheduling the first foreclosure 583
mediation session. The mediation period shall conclude not later than 584
the conclusion of the third mediation session between the mortgagor 585
and mortgagee or seven months after the return date, whichever is 586 Raised Bill No. 823
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earlier, except that the court may, in its discretion, for good cause 587
shown, upon the motion of any party or request by the mediator, 588
extend the mediation period subject to the provisions of subdivision 589
(9) of this subsection or shorten the mediation period. 590
(2) The mortgagor and mortgagee shall appear in person at each 591
mediation session and shall have the ability to mediate, except that (A) 592
if a party is represented by counsel, the party's counsel may appear in 593
lieu of the party to represent the party's interests at the mediation, 594
provided the party has the ability to mediate and the party is available 595
(i) during the mediation session by telephone, and (ii) to participate in 596
the mediation session by speakerphone, provided an opportunity is 597
afforded for confidential discussions between the party and party's 598
counsel, (B) following the initial mediation session, if there are two or 599
more mortgagors who are self-represented, only one mortgagor shall 600
be required to appear in person at each subsequent mediation session 601
unless good cause is shown, provided the other mortgagors are 602
available (i) during the mediation session, and (ii) to participate in the 603
mediation session by speakerphone, (C) if a party suffers from a 604
disability or other significant hardship that imposes an undue burden 605
on such party to appear in person, the mediator may grant permission 606
to such party to participate in the mediation session by telephone, and 607
(D) a mortgagor may be excused from appearing at the mediation 608
session if cause is shown that the presence of such mortgagor is not 609
needed to further the interests of mediation. Such cause may include, 610
but is not limited to, the mortgagor no longer owning the home 611
pursuant to a judgment of marital dissolution and related transfer via 612
deed or no longer residing in the home or not being a necessary party 613
to any agreement being contemplated in connection with the 614
mediation. A mortgagor's spouse, who is not a mortgagor but who 615
lives in the subject property, may appear at each mediation session, 616
provided all appearing mortgagors consent, in writing, to such 617
spouse's appearance or such spouse shows good cause for his or her 618
appearance and the mortgagors consent, in writing, to the disclosure of 619
nonpublic personal information to such spouse. If the mortgagor has 620 Raised Bill No. 823
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submitted a complete package of financial documentation in 621
connection with a request for a particular foreclosure alternative, the 622
mortgagee shall have thirty-five days from the receipt of the completed 623
package to respond with a decision and, if the decision is a denial of 624
the request, provide the reasons for such denial. If the mortgagor has, 625
in connection with a request for a foreclosure alternative, submitted a 626
financial package that is not complete, or if the mortgagee's evaluation 627
of a complete package reveals that additional information is necessary 628
to underwrite the request, the mortgagee shall request the missing or 629
additional information within a reasonable period of time of such 630
evaluation. If the mortgagee's evaluation of a complete package reveals 631
that additional information is necessary to underwrite the request, the 632
thirty-five-day deadline for a response shall be extended but only for 633
so long as is reasonable given the timing of the mortgagor's submission 634
of such additional information and the nature and context of the 635
required underwriting. Not later than the third business day after each 636
mediation session, the mediator shall file with the court a report 637
indicating, to the extent applicable, (i) the extent to which each of the 638
parties complied with the requirements set forth in this subdivision, 639
including the requirement to engage in conduct that is consistent with 640
the objectives of the mediation program and to possess the ability to 641
mediate, (ii) whether the mortgagor submitted a complete package of 642
financial documentation to the mortgagee, (iii) a general description of 643
the foreclosure alternative being requested by the mortgagor, (iv) 644
whether the mortgagor has previously been evaluated for similar 645
requests, whether prior to mediation or in mediation, and, if so, 646
whether there has been any apparent change in circumstances since a 647
decision was made with respect to that prior evaluation, (v) whether 648
the mortgagee has responded to the mortgagor's request for a 649
foreclosure alternative and, if so, a description of the response and 650
whether the mediator is aware of any material reason not to agree with 651
the response, (vi) whether the mortgagor has responded to an offer 652
made by the mortgagee on a reasonably timely basis, and if so, an 653
explanation of the response, (vii) whether the mortgagee has requested 654
additional information from the mortgagor and, if so, the stated 655 Raised Bill No. 823
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reasons for the request and the date by which such additional 656
information shall be submitted so that information previously 657
submitted by the mortgagor, to the extent possible, may still be used 658
by the mortgagee in conducting its review, (viii) whether the 659
mortgagor has supplied, on a reasonably timely basis, any additional 660
information that was reasonably requested by the mortgagee, and, if 661
not, the stated reason for not doing so, (ix) if information provided by 662
the mortgagor is no longer current for purposes of evaluating a 663
foreclosure alternative, a description of the out-of-date information 664
and an explanation as to how and why such information is no longer 665
current, (x) whether the mortgagee has provided a reasonable 666
explanation of the basis for a decision to deny a request for a loss 667
mitigation option or foreclosure alternative and whether the mediator 668
is aware of any material reason not to agree with that decision, (xi) 669
whether the mortgagee has complied with the time frames set forth in 670
this subdivision for responding to requests for decisions, (xii) if a 671
subsequent mediation session is expected to occur, a general 672
description of the expectations for such subsequent session and for the 673
parties prior to such subsequent session and, if not otherwise 674
addressed in the report, whether the parties satisfied the expectations 675
set forth in previous reports, and (xiii) a determination of whether the 676
parties will benefit from further mediation. The mediator shall deliver 677
a copy of such report to each party to the mediation when the mediator 678
files the report. The parties shall have the opportunity to submit their 679
own supplemental information following the filing of the report, 680
provided such supplemental information shall be submitted not later 681
than five business days following the receipt of the mediator's report. 682
Any request by the mortgagee to the mortgagor for additional or 683
updated financial documentation shall be made in writing. The court 684
may impose sanctions on any party or on counsel to a party if such 685
party or such counsel engages in intentional or a pattern or practice of 686
conduct during the mediation process that is contrary to the objectives 687
of the mediation program. Any sanction that is imposed shall be 688
proportional to the conduct and consistent with the objectives of the 689
mediation program. Available sanctions shall include, but not be 690 Raised Bill No. 823
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limited to, terminating mediation, ordering the mortgagor or 691
mortgagee to mediate in person, forbidding the mortgagee from 692
charging the mortgagor for the mortgagee's attorney's fees, awarding 693
attorney's fees, and imposing fines. In the case of egregious 694
misconduct, the sanctions shall be heightened. The court shall not 695
award attorney's fees to any mortgagee for time spent in any 696
mediation session if the court finds that such mortgagee has failed to 697
comply with this subdivision, unless the court finds reasonable cause 698
for such failure. 699
(3) If the mediator reports to the court that the parties will not 700
benefit from further mediation, the mediation period shall terminate 701
automatically. If the mediator reports to the court after the first or 702
second mediation session that the parties may benefit from further 703
mediation, the mediation period shall continue. 704
(4) If the mediation period concludes and certain issues have not 705
been resolved pursuant to the mediation, the mediator may refer the 706
mortgagor to any appropriate community-based services that are 707
available in the judicial district, but any such referral shall not cause a 708
delay in the mediation process. 709
(5) The Chief Court Administrator shall establish policies and 710
procedures to implement this subsection. Such policies and procedures 711
shall, at a minimum, provide that the mediator shall advise the 712
mortgagor at the first meeting required by subdivision (4) of 713
subsection (c) of section 49-31l, as amended by this act, that: (A) Such 714
mediation does not suspend the mortgagor's obligation to respond to 715
the foreclosure action beyond the limited time frame described in 716
subdivision (6) of subsection (c) of section 49-31l, as amended by this 717
act; and (B) a judgment of strict foreclosure or foreclosure by sale may 718
cause the mortgagor to lose the residential real property or real 719
property owned by a religious organization to foreclosure. 720
(6) In no event shall any determination issued by a mediator under 721
this program form the basis of an appeal of any foreclosure judgment. 722 Raised Bill No. 823
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(7) The foreclosure mediation program shall terminate when all 723
mediation has concluded with respect to any foreclosure action with a 724
return date during the period from July 1, 2009, to June 30, [2019] 2023, 725
inclusive. 726
(8) At any time during the mediation period, the mediator may refer 727
a mortgagor who is the owner -occupant of one-to-four family 728
residential real property to the mortgage assistance programs, except 729
that any such referral shall not prevent a mortgagee from proceeding 730
to judgment when the conditions specified in subdivision (6) of 731
subsection (c) of section 49-31l, as amended by this act, have been 732
satisfied. 733
(9) (A) The mediation period shall conclude following the third 734
mediation session or if more than seven months have elapsed since the 735
return date. Not later than fifteen days following the conclusion of the 736
mediation period, and any subsequent extended mediation sessions 737
held in accordance with this subdivision, any party may move for, or 738
the mediator may request, an extension of the mediation period. The 739
court shall grant only one additional mediation session per motion or 740
request upon a finding that it is highly probable the parties will reach 741
an agreement through mediation. The court may also grant one 742
additional mediation session per motion or request upon a finding that 743
any party has engaged, either intentionally or by a pattern or practice, 744
in conduct that is contrary to the objectives of the mediation program. 745
The court shall make its ruling not later than twenty days after the 746
filing of such motion or request, and no judgment of strict foreclosure 747
or any judgment ordering a foreclosure sale shall be entered until (i) 748
the court denies the motion or request, or (ii) the conclusion of the 749
subsequent extended mediation session, except as provided in 750
subparagraph (B) of this subdivision. Upon the grant of an additional 751
mediation session following the proper finding, the court shall 752
establish a reasonably expeditious deadline for such subsequent 753
extended mediation session to occur. Such extended mediation period 754
shall conclude following such subsequent extended mediation session. 755 Raised Bill No. 823
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(B) The mediation period may be extended for one additional 756
mediation session without a hearing held pursuant to this subdivision 757
provided all parties to the mediation agree that such parties would 758
benefit from such a session and, in consultation with the mediator, 759
establish a reasonably expeditious deadline for such session to take 760
place. 761
(C) To determine whether to extend mediation, the court may 762
consider all matters that have arisen in the mediation, including, but 763
not limited to, the number of motions to extend mediation, the reasons 764
for which an agreement has not been reached, the objectives of the 765
mediation program, the extent to which the parties will benefit from 766
further mediation, the reports submitted by the mediator, papers 767
submitted in connection with any motion, and any supplemental 768
reports submitted by a party. The court shall articulate its reasons in 769
the order granting or denying any such motion or request to extend 770
mediation. 771
(10) For any case pending as of October 1, 2013, in which mediation 772
is ongoing, (A) if three or fewer sessions have been held, such case 773
shall be treated as if no sessions have been held as of said date for 774
purposes of subdivision (9) of this subsection, and (B) if four or more 775
sessions have been held, then any party or the mediator may move to 776
terminate the mediation period or extend such period in accordance 777
with subdivision (9) of this subsection and, if no such motion to extend 778
is made, the mediation period shall conclude after the third mediation 779
session occurring after October 1, 2013. 780
(d) (1) Not later than February 14, 2014, the Chief Court 781
Administrator shall submit, in accordance with the provisions of 782
section 11-4a, to the joint standing committee of the General Assembly 783
having cognizance of matters relating to banking, a summary 784
regarding the mediation program and a general summary of the data 785
collected in the reports submitted pursuant to subdivision (2) of 786
subsections (b) and (c) of this section from July 1, 2013, to December 787
31, 2013, inclusive. Such summaries shall include, but not be limited to, 788 Raised Bill No. 823
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the aggregate data regarding the number of cases in mediation, the 789
number of mediation sessions held, the number of agreements reached 790
before the conclusion of the mediation period, the number of motions 791
or requests for an extension or continuance and the identity of the 792
party that made such a motion or request, whether the loan at issue 793
was serviced by a third party, the judicial district in which the 794
mediation took place and whether the mortgagor was self-represented. 795
(2) Not later than March 1, 2016, and by March first each year 796
thereafter until March 1, [2019] 2023, inclusive, the Chief Court 797
Administrator shall submit, in accordance with the provisions of 798
section 11-4a, to the joint standing committee of the General Assembly 799
having cognizance of matters relating to banking, a summary of the 800
reports submitted from July 1, 2013, to December thirty-first of the 801
immediately preceding year, inclusive, pursuant to subdivision (2) of 802
subsections (b) and (c) of this section. The detailed data points for such 803
summary, including data to be collected but not reported, shall be 804
developed by the Chief Court Administrator in consultation with 805
representatives from the Governor's office, the Department of Banking, 806
the banking industry and consumer advocates. 807
Sec. 3. Section 49-31v of the general statutes is repealed and the 808
following is substituted in lieu thereof (Effective from passage): 809
The foreclosure mediation program established pursuant to section 810
49-31m shall be funded within available appropriations and available 811
until June 30, [2019] 2023. The size of such program shall be 812
determined by available funding and the number and need of 813
participants in such program. 814
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 49-31l
Sec. 2 from passage 49-31n
Sec. 3 from passage 49-31v
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JUD Joint Favorable