Researcher: MK Page 1 4/15/21
OLR Bill Analysis
HB 6593
AN ACT PROTECTING A MORTGAGOR FROM AN
UNREASONABLE INVASION OF HIS OR HER PRIVACY BY A
MORTGAGE HOLDER.
SUMMARY
This bill prohibits the following actions:
1. an owner or servicer of a debt secured by a first mortgage (i.e.,
“mortgagee”) on a one-to-four-family residential dwelling from
entering the secured property without permission or a court
order and
2. beginning October 1, 2021, a mortgagee from requiring, as a
condition for obtaining a residential real property loan, a
mortgagor to give it or its assignee the right to enter the
property without permission or a court order.
A “mortgagor” for the bill’s purposes is an owner-occupant of a
one-to-four-family dwelling who is also the borrower under the loan
secured by a mortgage. It includes his or her heirs or assigns.
The bill also specifies that residential mortgage “property
preservation clauses” giving mortgagees the right to secure, preserve,
or protect property do not permit a mortgagee or its agents,
employees, or representatives from entering the property involved
without permission or a court order.
Under the bill, the ban on entering the property also applies to the
debt owner’s or servicer’s agents, employees, and representatives.
These entities must either obtain (1) permission to enter the property
from the property owner, occupant, or mortgagor or (2) an order from
the Superior Court in the judicial district where the property is located.
EFFECTIVE DATE: October 1, 2021 2021HB-06593-R000477-BA.DOCX
Researcher: MK Page 2 4/15/21
MORTGAGES INVOLVED
The bill applies to mortgage deeds, deeds of trust, or other
equivalent consensual security interests on one-to-four-family
dwellings that secure loans made primarily for personal, family, or
household purposes. It applies only to first mortgages, which are those
with priority over all other mortgages or liens on the property, except
those given priority by state or federal law (e.g., tax liens).
COMMITTEE ACTION
Judiciary Committee
Joint Favorable
Yea 36 Nay 1 (03/29/2021)