Researcher: KLM Page 1 3/24/25
OLR Bill Analysis
HB 6878
AN ACT CONCERNING MORTGAGE FORECLOSURES AND
UNDISCHARGED MORTGAGES.
SUMMARY
This bill establishes a statute of limitations for bringing an action to
foreclose on a mortgage for a one-to-four-family dwelling that the
mortgagor (borrower) uses as his or her home. Under the bill, this bar
on bringing an action is generally the earliest of (1) 10 years after the
date for making the last payment; (2) 10 years after the default date; or
(3) 40 years after the mortgage’s recording date, or if unrecorded, after
its execution date. Existing law, unchanged by the bill, has a six-year
statute of limitations on actions based on contract law (CGS § 52-576).
The bill also reduces, from 20 to 10 years after full performance was
due, the time after which an unreleased mortgage is invalid under
certain circumstances.
EFFECTIVE DATE: July 1, 2025
STATUTE OF LIMITATIONS
The bill provides that a foreclosure action on these residential
mortgages must begin by the earliest of:
1. 10 years after the due date set for the mortgage’s last payment or
the maturity date set in the mortgage or the note, bond, or other
obligation secured by the mortgage;
2. 10 years after the date of the mortgagor’s uncured default
(regarding the mortgage’s terms or other obligation it secures); or
3. for mortgages with a repayment period of 40 years or less, 40
years after the date the mortgage is recorded, or if unrecorded,
the mortgage’s execution date. 2025HB-06878-R000190-BA.DOCX
Researcher: KLM Page 2 3/24/25
The bill’s 10-year bars may be extended if there is a written
instrument that extends the last payment, maturity date, or performance
dates. Similarly, the 10-year bar does not apply on an action due to
payment default if payment on the account was made. In these cases,
the new statute of limitations is 10 years after the extended or payment
date, as applicable.
INVALIDITY OF OLD MORTGAGES
Under current law, when the land records have an unreleased
mortgage and the mortgagor or current landowner has been in
undisputed possession for at least 20 years after the mortgage should
have been paid off, the mortgage is invalid if the person in possession
files an affidavit that meets certain conditions in the land records. The
bill reduces the minimum undisputed possession time from 20 to 10
years.
COMMITTEE ACTION
Banking Committee
Joint Favorable
Yea 12 Nay 0 (03/06/2025)