Connecticut 2021 Regular Session

Connecticut House Bill HB06593 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 4239 \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06593-R01-
4		-	HB.docx
5		-	1 of 2
	3	+	LCO No. 4239 1 of 2
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7	5		General Assembly Raised Bill No. 6593
8	6		January Session, 2021
9	7		LCO No. 4239
10	8
11	9
12	10		Referred to Committee on JUDICIARY
13	11
14	12
15	13		Introduced by:
16	14		(JUD)
	15	+
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19	18
20	19		AN ACT PROTECTING A MORTGAGOR FROM AN UN REASONABLE
21	20		INVASION OF HIS OR HER PRIVACY BY A MORTGAGE HOLDER.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. (NEW) (Effective October 1, 2021) (a) As used in this section: 1
26	25		(1) "Mortgage" means a mortgage deed, deed of trust or other 2
27	26		equivalent consensual security interest on residential real property 3
28	27		securing a loan made primarily for personal, family or household 4
29	28		purposes that is first in priority over any other mortgages or liens 5
30	29		encumbering the residential real property, except those liens that are 6
31	30		given priority over a mortgage pursuant to state or federal law; 7
32	31		(2) "Mortgagee" means the owner or servicer of the debt secured by a 8
33	32		mortgage; 9
34	33		(3) "Mortgagor" means the owner-occupant of residential real 10
35	34		property located in this state who is also the borrower under the loan 11
36	35		that is secured by a mortgage and includes the heirs or assigns of the 12
37	36		mortgagor; and 13 Raised Bill No. 6593
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39	38
40		-	LCO 4239 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06593-
41		-	R01-HB.docx }
42		-	2 of 2
	39	+
	40	+	LCO No. 4239 2 of 2
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44	42		(4) "Residential real property" means a one-to-four-family dwelling 14
45	43		occupied as a residence by a mortgagor. 15
46	44		(b) No property preservation clause set forth in any mortgage 16
47	45		permitting the mortgagee the right to secure, preserve or protect the 17
48	46		residential real property shall be construed as to permit the mortgagee, 18
49	47		or any agent, employee or representative of the mortgagee, to enter 19
50	48		upon the residential real property without the permission of the owner, 20
51	49		occupant or mortgagor or an order of the superior court for the judicial 21
52	50		district in which the property is situated. 22
53	51		(c) No mortgagee or any agent, employee or representative of the 23
54	52		mortgagee shall enter upon the residential real property secured by the 24
55	53		mortgage without the permission of the owner, occupant or mortgagor 25
56	54		or an order of the superior court for the judicial district in which the 26
57	55		property is situated. 27
58	56		(d) On and after October 1, 2021, no mortgagee shall require a 28
59	57		mortgagor, as a condition of obtaining a loan, to agree that a mortgagee, 29
60	58		or assignee of such mortgagee, has any right to enter the residential real 30
61	59		property secured by the mortgage without the permission of the owner, 31
62	60		occupant or mortgagor or an order of the superior court for the judicial 32
63	61		district in which the property is situated. 33
64	62		This act shall take effect as follows and shall amend the following
65	63		sections:
66	64
67	65		Section 1 October 1, 2021 New section
68	66
69		-	JUD Joint Favorable
	67	+	Statement of Purpose:
	68	+	To ensure that a mortgagee does not enter upon the residential real
	69	+	property that is the subject of the mortgage without the permission of
	70	+	the owner, occupant or mortgagor or an order of a court.
	71	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	72	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	73	+	underlined.]
70	74