General Assembly |
Raised Bill No. 5381 | ||
February Session, 2010 |
LCO No. 1610 | ||
*01610_______JUD* | |||
Referred to Committee on Judiciary |
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Introduced by: |
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(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 Subsection (a) of section 52-249 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):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 Section 52-249a of the general statutes is repealed.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.]