Deborah J. Fuller
Judiciary Committee March 26, 2009
Senate Bill 1158, An Act Concerning
you for the opportunity to testify, on behalf of the Judicial Branch, in
support of Senate Bill 1158, An Act Concerning Foreclosure Procedures.
This bill was submitted by the Branch as part of our legislative package.
proposal is intended to address two issues that have arisen in foreclosure
proceedings. The first is directly related to the foreclosure mediation
program that was established by P.A. 08-176, a program that has proved to be
quite successful. It would make a technical change to the language
regarding placement of the notice of the availability of the foreclosure
mediation program, to ensure that it is placed on the front of the packet of
papers served on homeowners when a foreclosure action is commenced. This is
particularly important because many foreclosures proceed without the
homeowner ever filing an appearance. It is important to get their attention
and let them know that help is available. This was the intent of those
involved in crafting the program last session, and we urge the Committee to
approve this change.
second issue addressed in the bill is the situation where the parties to a
foreclosure action are still talking and attempting to reach an agreement
when the law days are about to occur or have just occurred. Currently, the
statute prohibits the judgment from being opened under this circumstance;
this language would change that. It is important to note that under the
proposed language all appearing parties would have to agree that the
judgment should be opened, and that upon opening all defendants, including
inferior lienors, would be restored to the position they were in prior to
you again for the opportunity to testify and urge the Committee to act
favorably on this proposal.