The Mortgage Foreclosure Standing Order
and Affidavit Requirement
As the Courts in Connecticut begin to hear cases again, Agents representing parties bringing foreclosure actions or representing clients purchasing from a foreclosure sale need to be mindful of the new requirements imposed by the Mortgage Foreclosure Standing Order dated September 24, 2020 and relating to the Federal Mortgage Foreclosure Moratorium (the “Standing Order”).
The Standing Order is effective immediately and applies to
- All mortgage foreclosure actions filed on or after September 24, 2020; as well as
- All previously filed and pending mortgage foreclosure actions that have not gone to final judgment, including an action where a foreclosure by sale has entered, but the sale has not been approved by the Court.
A foreclosing plaintiff or its servicer in one of the actions referred to above is required to sign, and file with the Court, the Affidavit – Federal Mortgage Foreclosure Moratorium (Form JD-CV 172) (the “Affidavit”). For residential and commercial foreclosures commenced after September 24, 2020, the need for the Affidavit will be triggered upon the happening of the following events:
- Filing of a complaint;
- Moving for Judgment; or
- Moving for Approval of the Sale.
Plaintiffs must be aware that if the Affidavit does not accompany the Complaint, the Plaintiff must file the Affidavit within 14 days or risk dismissal of the case. Additionally, if an Affidavit is more than 30 days old at the time of a hearing on either a Motion for Judgment or a Motion for Approval of Sale, the Affidavit must be re-executed and re-filed. Notably, the Affidavit must be executed by someone who is employed by or otherwise authorized to act on behalf of the Plaintiff or Plaintiff’s servicer and who has personal knowledge of the facts stated in the Affidavit. It is not acceptable for the Attorney for the Plaintiff to execute the Affidavit on the Plaintiff’s behalf.
- No mortgage foreclosure action is filed;
- No previously filed mortgage foreclosure action goes to final judgment; and
- No sale pursuant to a judgment of foreclosure by sale is approved.
For foreclosures that are pending as of September 24, 2020, but either have not yet gone to judgment or the sale has not yet been approved, the Affidavit must be filed within 14 days of September 24, 2020. If you represent a party that commenced a foreclosure action prior to the date of the Standing Order and the Court has not entered a final judgment, or you represent a party purchasing from a foreclosure sale, remember that the deadline to file the Affidavit is fast approaching and must be complied with in order for the case to proceed.
Please contact CATIC Underwriting Counsel with any additional questions.
