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General Assembly Substitute Bill No. 911
January Session, 2019
AN ACT CONCERNING TH E OPENING OF A JUDGM ENT OF STRICT
FORECLOSURE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 49-15 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2019): 3
(b) (1) Upon the filing of a bankruptcy petition by a mortgagor 4
under Title 11 of the United States Code, that also imposes an 5
automatic stay pursuant to 11 USC 362(a), and only to the extent the 6
filing of the bankruptcy petition imposes the automatic stay pursuant 7
to 11 USC 362(a), any judgment against the mortgagor foreclosing the 8
title to real estate by strict foreclosure shall be opened automatically 9
without action by any party or the court, provided, (A) the provisions 10
of such judgment, other than the establishment of law days, shall not 11
be set aside under this subsection, [provided] and (B) no such 12
judgment shall be opened (i) after the title has become absolute in any 13
encumbrancer or the mortgagee, or any person claiming under such 14
encumbrancer or mortgagee, or (ii) if the automatic stay pursuant to 11 15
USC 362(a) does not come into existence upon the filing of the 16
bankruptcy petition. 17
(2) Notwithstanding the provisions of this section, no judgment 18 Substitute Bill No. 911
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shall be opened, despite the filing of a bankruptcy petition, if (A) a 19
prior order granting in rem relief from the automatic stay has been 20
issued pursuant to 11 USC 362(d)(4) in favor of the plaintiff or the 21
plaintiff's predecessor in interest regarding the subject property, (B) 22
such order has been recorded on the appropriate land records, and (C) 23
such in rem relief is still binding on the subject property at the time of 24
the filing of the bankruptcy petition. 25
(3) The mortgagor shall file a copy of the bankruptcy petition, or an 26
affidavit setting forth the date the bankruptcy petition was filed, with 27
the clerk of the court in which the foreclosure matter is pending. 28
[Upon] 29
(4) If an automatic stay under 11 USC 362 was applicable, upon the 30
termination of the automatic stay authorized pursuant to 11 USC 362, 31
the mortgagor shall file with such clerk an affidavit setting forth the 32
date the automatic stay was terminated. Any party, person or entity 33
taking title by virtue of a judgment of strict foreclosure may, at any 34
time, file with the court an affidavit or other document that evidences 35
that the judgment was not opened pursuant to the provisions of this 36
subsection, notwithstanding the filing of a bankruptcy petition by a 37
mortgagor. 38
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 49-15(b)
JUD Joint Favorable Subst.