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Notice Regarding Revisions to Foreclosure
Standing Orders and Forms

CHANGES TO FORECLOSURE PROCEDURES

On September 1, 2009 it became mandatory for all attorneys and firms, without an exclusion from electronic service requirements, to efile all foreclosure matters.

Beginning November 1, 2009 attorneys appointed as Committees in Judgments of Foreclosure By Sale will be required to post the foreclosure ad on the Judicial Branch website using the Foreclosure Ad Posting program in E-Services as well as place an ad in the newspaper in accordance with the Standing Orders. Quick Cards instructing Committees in the use of the Foreclosure Ad Posting program will be available at the JD Clerk’s Offices and in the PDF Reference Guides in E-Services.
 

 
Several of the Foreclosure Standing Orders have been amended. Those changes are below:

FORECLOSURE BY SALE STANDING ORDERS   JD-CV-79 

1. The committee will be appointed by the court from a list of approved attorneys maintained by the clerk’s office. A committee shall only be appointed in the Judicial District where the attorney’s main office is located.  

10. Effective on and after November 1, 2009, any Court-ordered advertisement must be posted on the Judicial Branch website through the Foreclosure Ad Posting program available to Committees through Eservices.  In addition, an advertisement is to be placed on two (2) separate dates in a newspaper as directed by the court.  The newspaper ad (example below) should specify only the docket number, case name, property address, property type, date of sale, committee’s name and phone number and a directive to see foreclosure sales on the Judicial Branch website, www.jud.ct.gov for more details. 

LEGAL NOTICE

FORECLOSURE AUCTION SALE
Docket No. ___CV-- -------      Case Name: 
Property Address:
Property Type:  (Residential or Commercial or Vacant Land)
Date of Sale:
Committee Name:
Committee Phone Number:
See  Foreclosure Sales at www.jud.ct.gov for more detailed information


UNIFORM FORECLOSURE STANDING ORDERS   JD-CV-104
 New paragraph A:

A. Effective September 1, 2009, efiling of all foreclosure matters was made mandatory for attorneys and firms absent an exclusion from E-Services. All pleadings, motions and documents, with the exception of the Committee Deed, in a foreclosure matter which is a 5 million or 6 million series case must be filed electronically.  All documents necessary to obtain Judgment of Foreclosure as set forth in the Uniform Procedures for Foreclosure Judgment Presentation Instructions (JD-CV-78) except original notes, mortgage deeds and assignment of mortgages, must be efiled separately using the appropriate title of the document by 8:00 a.m. on the Friday before the Monday Short Calendar. 

UNIFORM PROCEDURES FOR FORECLOSURE BY SALE MATTERS INSTRUCTIONS TO COMMITTEE      JD-CV-81 

LEGAL ADVERTISEMENTS 
The committee is to post the advertisement on the Judicial website and to place an advertisement in the newspaper in accordance with the standing orders.  Under special circumstances, such as where the property is unique, commercial or industrial, the committee may consider a display advertisement.  Prior approval of the court is necessary for a display advertisement.  A cost estimate must be provided to the Court.

The ad posting confirmation page printed from the Judicial website and an affidavit of publication from the newspaper, including the newspaper ad, must be attached to the Foreclosure By Sale Committee Report.  Be sure to request the affidavit of publication from the newspaper. 

POST-SALE PROCEDURE
1st paragraph remains as is.

2nd paragraph: 

In order for the sale and the committee’s fees to be approved in the shortest period of time, the committee is encouraged to efile the Motion for Approval of Sale by the Wednesday following the sale.  All additional motions and supporting documents (including the Foreclosure by Sale Committee Report JD-CV-75) must be efiled no later than twelve (12) days after the efiling of the Motion for Approval of Sale. When the committee report is filed and there is a deposit with the court, the committee may request the court’s consideration for an order directing the plaintiff or the clerk of the court to reimburse expenses and pay fees within 45 days of the approval of sale. The deed must be in the form of Foreclosure by Sale Committee Deed, JD-CV-74.  Any deviation must be approved by the court. The Committee should mail the signed Committee Deed to the court upon the filing of the Motion for Approval. After the judge approves and signs the deed, the clerk will scan the deed into the file and return the original deed to the committee.

 

Hon. Barbara M. Quinn
Chief Court Administrator

 

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