Connecticut Seal

General Assembly

Amendment

 

January Session, 2007

LCO No. 7028

   
 

*HB0689707028HRO*

Offered by:

 

REP. HAMZY, 78th Dist.

 

To: Subst. House Bill No. 6897

File No. 640

Cal. No. 515

Strike section 2 in its entirety and insert the following in lieu thereof:

"Sec. 2. Section 49-10a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) A mortgagee or a mortgagee's attorney or other authorized agent shall, upon written request of the mortgagor or the mortgagor's attorney or other authorized agent provide a payoff statement in writing to the person requesting [such] the payoff statement on or before the date specified in such request, provided such request date is at least [ten] eight business days [from] after the date of receipt of the written request for a payoff statement. If the request is made in connection with a default, the mortgagor's attorney may make such written request directly to the mortgagee, provided such written request contains a representation that the person requesting the payoff statement is the mortgagor's attorney and that the mortgagor has authorized the request.

(b) If the mortgagee fails to provide [such] the payoff statement on or before such request date, the mortgagee shall not be entitled to the payment of any interest on the mortgage loan which is secured by such mortgage which accrues after the expiration of such request date. If the mortgagee provides the payoff statement to the person requesting the [same] payoff statement after the expiration of such request date, interest on the mortgage loan which accrues after the receipt of [such] the payoff statement by the person who has requested it shall again be payable. The burden of proof shall be on the mortgagor with respect to the receipt by the mortgagee of the mortgagor's request for a payoff statement of the mortgage loan, and thereafter shall be on the mortgagee with respect to the receipt of the payoff statement by the mortgagor or the mortgagor's attorney or other authorized agent.

(c) The mortgagee shall not impose any fee or charge for the first payoff statement requested within a calendar year, unless the mortgagor or the mortgagor's attorney or other authorized agent requests expedited delivery of the payoff statement, agrees to pay a fee for such expedited delivery and the payoff statement is provided by the agreed upon date.

(d) (1) Notwithstanding the provisions of subsections (a) to (c), inclusive, of this section, in the case of a request made in connection with a mortgage default after entry of judgment of foreclosure by sale, it shall be the duty of the mortgagor or the mortgagor's attorney to make a written request upon the foreclosure committee for a written statement of the foreclosure committee's fees and costs. The request shall specify a "good through date" which shall be the last date as of which the foreclosure committee shall have performed any and all duties required to be performed, pursuant to order of the court, including the filing of a written report of foreclosure committee fees and costs with the court, except that such filing shall not be required if the foreclosure committee receives its fees and costs before it files the report with the court.

(2) The foreclosure committee shall provide a written statement of fees and costs to the mortgagor or the mortgagor's attorney not later than three business days after receiving a written request pursuant to subdivision (1) of this subsection. The mortgagor or the mortgagor's attorney shall pay such fees and costs directly to the foreclosure committee. The foreclosure committee shall provide the mortgagor or the mortgagor's attorney with a written receipt for payment of such fees and costs not later than twenty-four hours after the foreclosure committee receives such payment.

(3) If a mortgagor or the mortgagor's attorney pays the foreclosure committee an amount that exceeds the amount of the foreclosure committee's actual fees and costs, the foreclosure committee shall refund the excess amount not later than seven business days after the excess amount is received by the foreclosure committee.

(4) It shall be an express condition to the delivery of a satisfaction of judgment or release of the mortgage that all foreclosure committee fees and costs be received by the foreclosure committee and that the foreclosure committee shall have delivered written acknowledgement to the mortgagee or the mortgagee's attorney that all foreclosure committee fees and costs have been paid to the foreclosure committee.

(5) In the event that a judgment of foreclosure by sale is opened for the purpose of extending the sale date, and the court has further ordered that the mortgagor pay the foreclosure committee's fees and costs incurred to the date of entry of such order, the provisions of this subsection shall apply."