Connecticut Seal

General Assembly

 

Raised Bill No. 5381

February Session, 2010

 

LCO No. 1610

 

*01610_______JUD*

Referred to Committee on Judiciary

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING COSTS AND ATTORNEY'S FEES IN AN ACTION OF FORECLOSURE OR UPON A BOND SUBSTITUTED FOR A MECHANIC'S LIEN.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 52-249 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(a) The plaintiff in any action of foreclosure of a mortgage or lien, upon obtaining a judgment of foreclosure, [when there has been a hearing as to the form of judgment or the limitation of time for redemption, shall be allowed the same costs, including a reasonable attorney's fee, as if there had been a hearing on an issue of fact. The same costs and fees shall be recoverable as part of the judgment] shall be allowed costs and reasonable attorney's fees. A plaintiff who prevails in any action upon a bond which has been substituted for a mechanic's lien shall be allowed costs and reasonable attorney's fees.

Sec. 2. Section 52-249a of the general statutes is repealed. (Effective October 1, 2010)

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2010

52-249(a)

Sec. 2

October 1, 2010

Repealer section

Statement of Purpose:

To clarify provisions concerning the award of costs and attorney's fees in an action of foreclosure of a mortgage or lien or an action upon a bond which has been substituted for a mechanic's lien.

[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.]