LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128-R01- SB.docx 1 of 14 General Assembly Substitute Bill No. 128 February Session, 2022 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 Section 7-254 of the 2022 supplement to the general statutes 1 is repealed and the following is substituted in lieu thereof (Effective 2 October 1, 2022, and applicable to actions filed on or after October 1, 2022): 3 (a) Any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 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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 2 of 14 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 four 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 four 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 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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 3 of 14 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 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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 4 of 14 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 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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 5 of 14 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 municipality may by ordinance designate the tax collector or any other 147 person as collector of sewerage system connection and use charges and 148 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 6 of 14 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 four 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 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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 7 of 14 owner-occupied real estate exceeds four 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 enforce the covenants and responsibilities of the assignee as contained 214 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 8 of 14 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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 9 of 14 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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 10 of 14 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 four 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 four thousand dollars. 312 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 11 of 14 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 four 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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 12 of 14 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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 13 of 14 (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 Substitute Bill No. 128 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00128- R01-SB.docx } 14 of 14 case the assignee shall provide the written notice to the attorney 412 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 PD Joint Favorable Subst.