Connecticut 2022 2022 Regular Session

Connecticut Senate Bill SB00128 Introduced / Bill

Filed 02/16/2022

                        
 
 
LCO No. 970  	1 of 14 
 
General Assembly  Raised Bill No. 128  
February Session, 2022 
LCO No. 970 
 
 
Referred to Committee on PLANNING AND DEVELOPMENT  
 
 
Introduced by:  
(PD)  
 
 
 
 
AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND OTHER 
ENFORCEMENT ACTIONS FOR UNPAID SEWER ASSESSMENTS 
AND OTHER FEES AND CHARGES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 7-254 of the 2022 supplement to the general statutes 1 
is repealed and the following is substituted in lieu thereof (Effective 2 
October 1, 2022, and applicable to actions filed on or after October 1, 2022): 3 
(a) Any assessment of benefits or any installment thereof, not paid 4 
within thirty days after the due date, shall be delinquent and shall be 5 
subject to interest from such due date at the interest rate and in the 6 
manner provided by the general statutes for delinquent property taxes. 7 
Each addition of interest shall be collectible as a part of such assessment. 8 
(b) (1) Whenever any installment of an assessment becomes 9 
delinquent, the interest on such delinquent installment shall be as 10 
provided in subsection (a) of this section or five dollars, whichever is 11 
greater. Any unpaid assessment and any interest due thereon shall 12 
constitute a lien upon the real estate against which the assessment was 13 
levied from the date of such levy. Each such lien may be continued, 14  Raised Bill No.  128 
 
 
 
LCO No. 970   	2 of 14 
 
recorded and released in the manner provided by the general statutes 15 
for continuing, recording and releasing property tax liens. Each such 16 
lien shall take precedence over all other liens and encumbrances except 17 
taxes and may be enforced, in accordance with subdivision (2) of this 18 
subsection, in the same manner as property tax liens. The tax collector 19 
of the municipality may collect such assessments in accordance with any 20 
mandatory provision of the general statutes for the collection of 21 
property taxes and the municipality may recover any such assessment 22 
in a civil action against any person liable therefor. 23 
(2) In the case of one or more liens for any unpaid assessment and 24 
any interest due thereon, as described in subdivision (1) of this 25 
subsection, upon any owner-occupied real estate, no such lien or liens 26 
may be enforced unless the principal for all such liens upon such owner-27 
occupied real estate exceeds ten thousand dollars. 28 
(c) [Any] (1) Except as provided in subdivision (2) of this subsection, 29 
any municipality, by resolution of its legislative body, may assign, for 30 
consideration, any and all liens filed by the tax collector to secure unpaid 31 
sewer assessments as provided under the provisions of this chapter. The 32 
consideration received by the municipality shall be negotiated between 33 
the municipality and the assignee. 34 
(2) In the case of one or more liens filed by the tax collector to secure 35 
unpaid assessments, as described in subdivision (1) of this subsection, 36 
upon any owner-occupied real estate, no such lien or liens may be 37 
assigned unless the principal for all such liens upon such owner-38 
occupied real estate exceeds ten thousand dollars. 39 
(d) The assignee or assignees of such liens shall have and possess the 40 
same powers and rights at law or in equity as such municipality and 41 
municipality's tax collector would have had if the lien had not been 42 
assigned with regard to the precedence and priority of such lien, the 43 
accrual of interest and the fees and expenses of collection, except that 44 
any such assignee (1) shall not be insulated from liability by virtue of 45 
the provisions of section 42-110c, and (2) shall be obligated to provide a 46  Raised Bill No.  128 
 
 
 
LCO No. 970   	3 of 14 
 
payoff statement, as defined in section 49-8a, in the same manner as a 47 
mortgagee in accordance with the requirements of section 49-10a. The 48 
assignee shall have the same rights to enforce such liens as any private 49 
party holding a lien on real property, including, but not limited to, 50 
foreclosure and a suit on the debt.  51 
(e) No such assignment executed on or after July 1, 2022, shall be valid 52 
or enforceable unless memorialized in a contract executed by the 53 
authority and the assignee that is in writing and provides: (1) The 54 
manner in which the assignee will provide to the owner of the real 55 
property that is the subject of the assignment one or more addresses and 56 
telephone numbers that may be used for correspondence with the 57 
assignee about the debt and payment thereof; (2) the earliest and latest 58 
dates by which the assignee shall commence any foreclosure or suit on 59 
the debt or the manner for determining such dates, except as may be 60 
impacted by any payment arrangement, bankruptcy petition or other 61 
circumstance, provided in no event shall the assignee commence a 62 
foreclosure suit before one year has elapsed since the assignee's 63 
purchase of the lien; (3) the structure and rates of attorney's fees that the 64 
assignee may claim against the owner or owners of such real property 65 
in any foreclosure, suit on the debt or otherwise, and a prohibition from 66 
using as foreclosure counsel any attorney or law office that is owned by, 67 
employs or contracts with any person having an interest in such 68 
assignee; (4) confirmation that the owner of the real property for which 69 
the lien has been filed shall be a third-party beneficiary entitled to 70 
enforce the covenants and responsibilities of the assignee as contained 71 
in the contract; (5) a prohibition on the assignee assigning the lien 72 
without the municipality's prior written consent; (6) the detail and 73 
frequency of reports provided to the municipality's tax collector 74 
regarding the status of the assigned liens; (7) confirmation that the 75 
assignee is not ineligible, pursuant to section 31-57b, to be assigned the 76 
lien because of occupational safety and health law violations; (8) 77 
disclosure of (A) all resolved and pending arbitrations and litigation 78 
matters in which the assignee or any of its principals have been involved 79 
within the last ten years, except foreclosure actions involving liens 80  Raised Bill No.  128 
 
 
 
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purchased from or assigned by governmental entities, (B) all criminal 81 
proceedings that the assignee or any of its principals has ever been the 82 
subject, (C) any interest in the subject property held by the assignee or 83 
any of its principals, officers or agents, and (D) each instance in which 84 
the assignee or any of its principals was found to have violated any state 85 
or local ethics law, regulation, ordinance, code, policy or standard, or to 86 
have committed any other offense arising out of the submission of 87 
proposals or bids or the performance of work on public contract; and (9) 88 
such additional terms to which the municipality and the assignee 89 
mutually agree, consistent with applicable law. 90 
(f) The assignee, or any subsequent assignee, shall provide written 91 
notice of an assignment, not later than sixty days after the date of such 92 
assignment, to the owner and any holder of a mortgage on the real 93 
property that is the subject of the assignment, provided such owner or 94 
holder is of record as of the date of such assignment. Such notice shall 95 
include information sufficient to identify (1) the property that is subject 96 
to the lien and in which the holder has an interest, (2) the name and 97 
addresses of the assignee, and (3) the amount of unpaid taxes, interest 98 
and fees being assigned relative to the subject property as of the date of 99 
the assignment. 100 
(g) Not less than sixty days prior to commencing an action to 101 
foreclose a lien under this section, the assignee shall provide a written 102 
notice, by first-class mail, to the holders of all first or second security 103 
interests on the property subject to the lien that were recorded before 104 
the date the assessment of the lien sought to be enforced became 105 
delinquent. Such notice shall set forth: (1) The amount of unpaid debt 106 
owed to the assignee as of the date of the notice; (2) the amount of any 107 
attorney's fees and costs incurred by the assignee in the enforcement of 108 
the lien as of the date of the notice; (3) a statement of the assignee's 109 
intention to foreclose the lien if the amounts set forth pursuant to 110 
subdivisions (1) and (2) of this subsection are not paid to the assignee 111 
on or before sixty days after the date on which the notice is provided; 112 
(4) the assignee's contact information, including, but not limited to, the 113 
assignee's name, mailing address, telephone number and electronic mail 114  Raised Bill No.  128 
 
 
 
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address, if any; and (5) instructions concerning the acceptable means of 115 
making a payment on the amounts owed to the assignee as set forth 116 
pursuant to subdivisions (1) and (2) of this subsection. Any notice 117 
required under this subsection shall be effective upon the date such 118 
notice is provided. 119 
(h) When providing the written notice required under subsection (g) 120 
of this section, the assignee may rely on the last recorded security 121 
interest of record in identifying the name and mailing address of the 122 
holder of such interest, unless the holder of such interest is the plaintiff 123 
in an action pending in Superior Court to enforce such interest, in which 124 
case the assignee shall provide the written notice to the attorney 125 
appearing on behalf of the plaintiff. 126 
(i) Each aspect of a foreclosure, sale or other disposition under this 127 
section, including, but not limited to, the costs, attorney fees, method, 128 
advertising, time, date, place and terms, shall be commercially 129 
reasonable. 130 
Sec. 2. Section 7-258 of the 2022 supplement to the general statutes is 131 
repealed and the following is substituted in lieu thereof (Effective October 132 
1, 2022, and applicable to actions filed on or after October 1, 2022): 133 
(a) (1) Any charge for connection with or for the use of a sewerage 134 
system, not paid within thirty days of the due date, shall thereupon be 135 
delinquent and shall bear interest from the due date at the rate and in 136 
the manner provided by the general statutes for delinquent property 137 
taxes. Each addition of interest shall be collectible as a part of such 138 
connection or use charge. Any such unpaid connection or use charge 139 
shall constitute a lien upon the real estate against which such charge was 140 
levied from the date it became delinquent. Each such lien may be 141 
continued, recorded and released in the manner provided by the general 142 
statutes for continuing, recording and releasing property tax liens. Each 143 
such lien shall take precedence over all other liens and encumbrances 144 
except taxes and may be foreclosed in the same manner as a lien for 145 
property taxes in accordance with subdivision (2) of this subsection. The 146  Raised Bill No.  128 
 
 
 
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municipality may by ordinance designate the tax collector or any other 147 
person as collector of sewerage system connection and use charges and 148 
such collector of sewerage system connection and use charges may 149 
collect such charges in accordance with the provisions of the general 150 
statutes for the collection of property taxes. The municipality may 151 
recover any such charges in a civil action against any person liable 152 
therefor. For the purpose of establishing or revising such connection or 153 
use charges and for the purpose of collecting such charges any 154 
municipality may enter into agreements with any water company or 155 
municipal water department furnishing water in such municipality for 156 
the purchase from such water company or municipal water department 157 
of information or services and such agreement may designate such 158 
water company or municipal water department as a billing or collecting 159 
agent of the collector of sewerage system connection and use charges in 160 
the municipality. Any water company or municipal water department 161 
may enter into and fulfill any such agreements and may utilize for the 162 
collection of such charges any of the methods utilized by it for the 163 
collection of its water charges. 164 
(2) In the case of one or more liens for any unpaid connection or use 165 
charge, as described in subdivision (1) of this subsection, upon any 166 
owner-occupied real estate, no such lien or liens may be foreclosed 167 
unless the principal for all such liens upon such owner-occupied real 168 
estate exceeds ten thousand dollars. 169 
(b) [Any] (1) Except as provided in subdivision (2) of this subsection, 170 
any municipality, by resolution of its legislative body, may assign, for 171 
consideration, any and all liens filed by the tax collector or collector of 172 
sewerage system connection and use charges to secure unpaid sewerage 173 
connection and use charges as provided under the provisions of this 174 
chapter. The consideration received by the municipality shall be 175 
negotiated between the municipality and the assignee. 176 
(2) In the case of one or more liens filed by the tax collector or collector 177 
of sewerage system connection and use charges to secure unpaid 178 
sewerage connection and use charges, as described in subdivision (1) of 179  Raised Bill No.  128 
 
 
 
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this subsection, upon any owner-occupied real estate, no such lien or 180 
liens may be assigned unless the principal for all such liens upon such 181 
owner-occupied real estate exceeds ten thousand dollars. 182 
(c) The assignee or assignees of such liens shall have and possess the 183 
same powers and rights at law or in equity as such municipality and 184 
municipality's tax collector would have had if the lien had not been 185 
assigned with regard to the precedence and priority of such lien, the 186 
accrual of interest and the fees and expenses of collection, except that 187 
any such assignee (1) shall not be insulated from liability for its conduct 188 
by virtue of the provisions of section 42-110c, and (2) shall be obligated 189 
to provide a payoff statement, as defined in section 49-8a, in the same 190 
manner as a mortgagee in accordance with the requirements of section 191 
49-10a. The assignee shall have the same rights to enforce such liens as 192 
any private party holding a lien on real property, including, but not 193 
limited to, foreclosure and a suit on the debt.  194 
(d) No such assignment executed on or after July 1, 2022, shall be 195 
valid or enforceable unless memorialized in a contract executed by the 196 
authority and the assignee that is in writing and provides: (1) The 197 
manner in which the assignee will provide to the owner of the real 198 
property that is the subject of the assignment one or more addresses and 199 
telephone numbers that may be used for correspondence with the 200 
assignee about the debt and payment thereof; (2) the earliest and latest 201 
dates by which the assignee shall commence any foreclosure or suit on 202 
the debt or the manner for determining such dates, except as may be 203 
impacted by any payment arrangement, bankruptcy petition or other 204 
circumstance, provided in no event shall the assignee commence a 205 
foreclosure suit before one year has elapsed since the assignee's 206 
purchase of the lien; (3) the structure and rates of attorney's fees that the 207 
assignee may claim against the owner or owners of such real property 208 
in any foreclosure, suit on the debt or otherwise, and a prohibition from 209 
using as foreclosure counsel any attorney or law office that is owned by, 210 
employs or contracts with any person having an interest in such 211 
assignee; (4) confirmation that the owner of the real property for which 212 
the lien has been filed shall be a third-party beneficiary entitled to 213  Raised Bill No.  128 
 
 
 
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enforce the covenants and responsibilities of the assignee as contained 214 
in the contract; (5) a prohibition on the assignee assigning the lien 215 
without the municipality's prior written consent; (6) the detail and 216 
frequency of reports provided to the municipality's tax collector 217 
regarding the status of the assigned liens; (7) confirmation that the 218 
assignee is not ineligible, pursuant to section 31-57b, to be assigned the 219 
lien because of occupational safety and health law violations; (8) 220 
disclosure of (A) all resolved and pending arbitrations and litigation 221 
matters in which the assignee or any of its principals have been involved 222 
within the last ten years, except foreclosure actions involving liens 223 
purchased from or assigned by governmental entities, (B) all criminal 224 
proceedings that the assignee or any of its principals has ever been the 225 
subject, (C) any interest in the subject property held by the assignee or 226 
any of its principals, officers or agents, and (D) each instance in which 227 
the assignee or any of its principals was found to have violated any state 228 
or local ethics law, regulation, ordinance, code, policy or standard, or to 229 
have committed any other offense arising out of the submission of 230 
proposals or bids or the performance of work on public contract; and (9) 231 
such additional terms to which the municipality and the assignee 232 
mutually agree consistent with applicable law. 233 
(e) The assignee, or any subsequent assignee, shall provide written 234 
notice of an assignment, not later than sixty days after the date of such 235 
assignment, to the owner and any holder of a mortgage on the real 236 
property that is the subject of the assignment, provided such owner or 237 
holder is of record as of the date of such assignment. Such notice shall 238 
include information sufficient to identify (1) the property that is subject 239 
to the lien and in which the holder has an interest, (2) the name and 240 
addresses of the assignee, and (3) the amount of unpaid taxes, interest 241 
and fees being assigned relative to the subject property as of the date of 242 
the assignment. 243 
(f) Not less than sixty days prior to commencing an action to foreclose 244 
a lien under this section, the assignee shall provide a written notice, by 245 
first-class mail, to the holders of all first or second security interests on 246 
the property subject to the lien that were recorded before the date the 247  Raised Bill No.  128 
 
 
 
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assessment of the lien sought to be enforced became delinquent. Such 248 
notice shall set forth: (1) The amount of unpaid debt owed to the 249 
assignee as of the date of the notice; (2) the amount of any attorney's fees 250 
and costs incurred by the assignee in the enforcement of the lien as of 251 
the date of the notice; (3) a statement of the assignee's intention to 252 
foreclose the lien if the amounts set forth pursuant to subdivisions (1) 253 
and (2) of this subsection are not paid to the assignee on or before sixty 254 
days after the date the notice is provided; (4) the assignee's contact 255 
information, including, but not limited to, the assignee's name, mailing 256 
address, telephone number and electronic mail address, if any; and (5) 257 
instructions concerning the acceptable means of making a payment on 258 
the amounts owed to the assignee as set forth pursuant to subdivisions 259 
(1) and (2) of this subsection. Any notice required under this subsection 260 
shall be effective upon the date such notice is provided. 261 
(g) When providing the written notice required under subsection (f) 262 
of this section, the assignee may rely on the last recorded security 263 
interest of record in identifying the name and mailing address of the 264 
holder of such interest, unless the holder of such interest is the plaintiff 265 
in an action pending in Superior Court to enforce such interest, in which 266 
case the assignee shall provide the written notice to the attorney 267 
appearing on behalf of the plaintiff. 268 
(h) Each aspect of a foreclosure, sale or other disposition under this 269 
section, including, but not limited to, the costs, attorney fees, method, 270 
advertising, time, date, place and terms, shall be commercially 271 
reasonable. 272 
Sec. 3. Section 22a-506 of the general statutes is repealed and the 273 
following is substituted in lieu thereof (Effective October 1, 2022, and 274 
applicable to actions filed on or after October 1, 2022): 275 
(a) An authority may (1) levy and collect benefit assessments upon 276 
the lands and buildings within its jurisdiction that, in its judgment, are 277 
especially benefited by a wastewater system; (2) establish, revise and 278 
collect rates, fees, charges, penalties and assessments for the use and 279  Raised Bill No.  128 
 
 
 
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benefits of a wastewater system; and (3) order the owner of any building 280 
which is accessible to a wastewater system to connect to such system, all 281 
in the manner provided in sections 7-249 to 7-257, inclusive, and sections 282 
22a-416 to 22a-599, inclusive. 283 
(b) (1) Any assessment of benefits, including any installment thereof, 284 
and any charge, fee, fine or other amount that is not paid within thirty 285 
days after the due date shall be delinquent, shall be subject to interest 286 
and shall constitute a lien upon the premises served and a charge upon 287 
the owner thereof all in the manner provided both by the provisions of 288 
the general statutes for delinquent property taxes and by section 7-258, 289 
as amended by this act. The rules and regulations of the authority may 290 
provide for the discontinuance of water pollution control service for 291 
nonpayment of taxes, special assessments, fees, rates, penalties or other 292 
charges therefor imposed under sections 22a-500 to 22a-519, inclusive. 293 
Such lien shall take precedence over all other liens or encumbrances 294 
except taxes and may be foreclosed against the lot or building served, in 295 
accordance with subdivision (2) of this subsection, in the same manner 296 
as a lien for taxes, provided all such liens shall continue until such time 297 
as they shall be discharged or foreclosed by the authority without the 298 
necessity of filing certificates of continuation, but in no event for longer 299 
than ten years. The authority may institute a civil action against such 300 
owner to recover the amount of any such fee or charge which remains 301 
due and unpaid for thirty days along with interest thereon at the same 302 
rate as unpaid taxes and with reasonable attorneys' fees, provided no 303 
such civil action to recover such amount may be instituted against the 304 
owner of an owner-occupied premises unless the principal for such 305 
amount exceeds ten thousand dollars. 306 
(2) In the case of one or more liens for any assessment of benefits and 307 
any charge, fee, fine or other amount that is not paid within thirty days 308 
after the due date, as described in subdivision (1) of this subsection, 309 
upon any owner-occupied premises served, no such lien or liens may be 310 
foreclosed unless the principal for all such liens upon such owner-311 
occupied premises served exceeds ten thousand dollars. 312  Raised Bill No.  128 
 
 
 
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Sec. 4. Section 49-92o of the 2022 supplement to the general statutes 313 
is repealed and the following is substituted in lieu thereof (Effective 314 
October 1, 2022, and applicable to actions filed on or after October 1, 2022): 315 
(a) [Any] (1) Except as provided in subdivision (2) of this subsection, 316 
any regional sewer authority established under an act of the General 317 
Assembly, may assign, for consideration, any and all liens filed by such 318 
regional sewer authority to secure unpaid sewer assessments or 319 
connection or use charges of the authority. The consideration received 320 
by the authority shall be negotiated between the authority and the 321 
assignee. 322 
(2) In the case of one or more liens filed by a regional sewer authority 323 
to secure unpaid sewer assessment or connection or use charges of the 324 
authority, as described in subdivision (1) of this subsection, upon any 325 
owner-occupied real estate, no such lien or liens may be assigned unless 326 
the principal for all such liens upon such owner-occupied real estate 327 
exceeds ten thousand dollars. 328 
(b) The assignee or assignees of such liens shall have and possess the 329 
same powers and rights at law or in equity as such authority would have 330 
had if the lien had not been assigned with regard to the precedence and 331 
priority of such lien, the accrual of interest and the fees and expenses of 332 
collection, except that any such assignee (1) shall not be insulated from 333 
liability by section 42-110c, and (2) shall be obligated to provide a payoff 334 
statement, as defined in section 49-8a, in the same manner as a 335 
mortgagee in accordance with the requirements of section 49-10a. The 336 
assignee shall have the same rights to enforce such liens as any private 337 
party holding a lien on real property, including, but not limited to, 338 
foreclosure and a suit on the debt. 339 
(c) No such assignment executed on or after July 1, 2022, shall be valid 340 
or enforceable unless memorialized in a contract executed by the 341 
authority and the assignee that is in writing and provides: (1) The 342 
manner in which the assignee will provide to the owner of the real 343 
property that is the subject of the assignment one or more addresses and 344  Raised Bill No.  128 
 
 
 
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telephone numbers that may be used for correspondence with the 345 
assignee about the debt and payment thereof; (2) the earliest and latest 346 
dates by which the assignee shall commence any foreclosure or suit on 347 
the debt or the manner for determining such dates, except as may be 348 
impacted by any payment arrangement, bankruptcy petition or other 349 
circumstance, provided in no event shall the assignee commence a 350 
foreclosure suit before one year has elapsed since the assignee's 351 
purchase of the lien; (3) the structure and rates of attorney's fees that the 352 
assignee may claim against the owner or owners of such real property 353 
in any foreclosure, suit on the debt or otherwise, and a prohibition from 354 
using as foreclosure counsel any attorney or law office that is owned by, 355 
employs or contracts with any person having an interest in such 356 
assignee; (4) confirmation that the owner of the real property for which 357 
the lien has been filed shall be a third-party beneficiary entitled to 358 
enforce the covenants and responsibilities of the assignee as contained 359 
in the contract; (5) a prohibition on the assignee assigning the lien 360 
without the municipality's prior written consent; (6) the detail and 361 
frequency of reports provided to the municipality's tax collector 362 
regarding the status of the assigned liens; (7) confirmation that the 363 
assignee is not ineligible, pursuant to section 31-57b, to be assigned the 364 
lien because of occupational safety and health law violations; (8) 365 
disclosure of (A) all resolved and pending arbitrations and litigation 366 
matters in which the assignee or any of its principals have been involved 367 
within the last ten years, except foreclosure actions involving liens 368 
purchased from or assigned by governmental entities, (B) all criminal 369 
proceedings that the assignee or any of its principals has ever been the 370 
subject, (C) any interest in the subject property held by the assignee or 371 
any of its principals, officers or agents, and (D) each instance in which 372 
the assignee or any of its principals was found to have violated any state 373 
or local ethics law, regulation, ordinance, code, policy or standard, or to 374 
have committed any other offense arising out of the submission of 375 
proposals or bids or the performance of work on public contract; and (9) 376 
such additional terms to which the municipality and the assignee 377 
mutually agree consistent with applicable law. 378  Raised Bill No.  128 
 
 
 
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(d) The assignee, or any subsequent assignee, shall provide written 379 
notice of an assignment, not later than sixty days after the date of such 380 
assignment, to the owner and any holder of a mortgage on the real 381 
property that is the subject of the assignment, provided such owner or 382 
holder is of record as of the date of such assignment. Such notice shall 383 
include information sufficient to identify (1) the property that is subject 384 
to the lien and in which the holder has an interest, (2) the name and 385 
addresses of the assignee, and (3) the amount of unpaid taxes, interest 386 
and fees being assigned relative to the subject property as of the date of 387 
the assignment. 388 
(e) Not less than sixty days prior to commencing an action to foreclose 389 
a lien assigned under this section, the assignee shall provide a written 390 
notice, by first-class mail to the holders of all first or second security 391 
interests on the property subject to the lien that were recorded before 392 
the date the assessment of such lien became delinquent. Such notice 393 
shall set forth: (1) The amount of unpaid debt owed to the assignee as of 394 
the date of the notice; (2) the amount of any attorney's fees and costs 395 
incurred by the assignee in the enforcement of the lien as of the date of 396 
the notice; (3) a statement of the assignee's intention to foreclose the lien 397 
if the amounts set forth pursuant to subdivisions (1) and (2) of this 398 
subsection are not paid to the assignee on or before sixty days after the 399 
date the notice is provided; (4) the assignee's contact information, 400 
including, but not limited to, the assignee's name, mailing address, 401 
telephone number and electronic mail address, if any; and (5) 402 
instructions concerning the acceptable means of making a payment on 403 
the amounts owed to the assignee as set forth pursuant to subdivisions 404 
(1) and (2) of this subsection. Any notice required under this subsection 405 
shall be effective upon the date such notice is provided. 406 
(f) When providing the written notice required under subsection (e) 407 
of this section, the assignee may rely on the last recorded security 408 
interest of record in identifying the name and mailing address of the 409 
holder of such interest, unless the holder of such interest is the plaintiff 410 
in an action pending in Superior Court to enforce such interest, in which 411 
case the assignee shall provide the written notice to the attorney 412  Raised Bill No.  128 
 
 
 
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appearing on behalf of the plaintiff. 413 
(g) Each aspect of a foreclosure, sale or other disposition under this 414 
section, including, but not limited to, the costs, attorney fees, method, 415 
advertising, time, date, place and terms, shall be commercially 416 
reasonable. Costs and reasonable attorneys' fees incurred by the 417 
assignee as a result of any foreclosure action or other legal proceeding 418 
brought pursuant to this section and directly related to the proceeding 419 
shall be taxed in any such proceeding against each person having title 420 
to any property subject to the proceedings. Such costs and fees may be 421 
collected by the assignee at any time after demand for payment has been 422 
made by the assignee. 423 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2022, and 
applicable to actions filed 
on or after October 1, 2022 
7-254 
Sec. 2 October 1, 2022, and 
applicable to actions filed 
on or after October 1, 2022 
7-258 
Sec. 3 October 1, 2022, and 
applicable to actions filed 
on or after October 1, 2022 
22a-506 
Sec. 4 October 1, 2022, and 
applicable to actions filed 
on or after October 1, 2022 
49-92o 
 
Statement of Purpose:   
To prohibit foreclosure, assignment and other enforcement actions for 
unpaid sewer assessment and other fees and charges in the case of 
owner-occupied real property for which the principal of such unpaid 
assessments, fees and charges is less than ten thousand dollars. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]