Foreclosure Defense Limited in Connecticut

Connecticut is a Judicial foreclosure state meaning that a foreclosure must take place in the context of a court proceeding.  It is also one of only two states that recognizes the old English rule of Strict Foreclosure.  Despite the setting of a court proceeding, Connecticut Rules of Practice (civil procedure rules) limit defenses in a foreclosure solely to the making, validity or enforcement of the note and mortgage. Historically, defenses to a foreclosure action have been limited to payment, discharge, release or satisfaction of the mortgage obligation or that there had never been a valid lien on the property.  There is little room in the law to present defenses of bad behavior by the lenders or servicers in mortgage foreclosures.

In a recent decision in the Superior Court for Waterbury, Connecticut, the narrow reading of that principle has been continued.  A  homeowner had complained that the  mortgage lender or servicer had engaged in an unfair practice of bait and switch in offering a mortgage modification thus preventing a proper reinstatement of the mortgage.  The Court refused to hear any claims of the lender’s post-default behavior based on this policy as recently reinforced by the Connecticut Appellate Court.

Until the Courts in Connecticut recognize that lenders and servicers engage in improper acts after a loan falls into default, there is little hope of stopping the wave of foreclosures that is overtaking the state.

Related posts:

1. Foreclosure Mediation Becomes Mandatory in Connecticut
2. New Defenses to Foreclosure in Connecticut?
3. Why Are Connecticut Foreclosures So Weird? – (Pt 1)