Connecticut § 49-31o - Consent of mortgagee required for changes. Sending of mortgage modification to mortgagor. Disclosure of information submitted to mediator.

§ 49-31o. Consent of mortgagee required for changes. Sending of mortgage modification to mortgagor. Disclosure of information submitted to mediator.

Sec. 49-31o. Consent of mortgagee required for changes. Sending of mortgage modification to mortgagor. Disclosure of information submitted to mediator. (a) Nothing in sections 49-31k to 49-31n, inclusive, shall require a mortgagee to modify a mortgage or change the terms of payment of a mortgage without its consent.

(b) (1) A mortgagee that agrees to modify a mortgage pursuant to the Ezequiel Santiago Foreclosure Mediation Program, established pursuant to section 49-31m, shall send such modification to the mortgagor for execution at least fifteen business days prior to the first modified payment due date under such modification. The mortgagee or the mortgagee's attorney may satisfy the requirements of this subdivision by sending the modification to (A) the mortgagor, or (B) if the mortgagor is represented by an attorney, the mortgagor and the mortgagor's attorney.

(2) Any failure by a mortgagee to timely send a modification pursuant to subdivision (1) of this subsection shall constitute grounds for a court to, in a pending foreclosure action, after notice and a hearing, issue an order requiring the mortgagee to send such modification in accordance with the requirements of subdivision (1) of this subsection.

(3) Any failure by a mortgagee to send a modification in accordance with the requirements of subdivision (2) of this subsection shall constitute conduct contrary to the objectives of the mediation program for the purpose of imposing sanctions under subsection (b) of section 49-31n.

(c) Information submitted by the mortgagor to a mediator, either orally or in writing, including financial documents, shall not be subject to disclosure by the Judicial Branch.

(P.A. 08-176, S. 19; P.A. 09-209, S. 36; P.A. 23-45, S. 1.)

History: P.A. 08-176 effective July 1, 2008; P.A. 09-209 designated existing provisions as Subsec. (a) and added Subsec. (b) re information submitted by mortgagor to a mediator, effective July 1, 2009; P.A. 23-45 added new Subsec. (b) re certain mortgagees shall send mortgage modifications to mortgagors at least 15 days prior to first payment due date, satisfaction of such requirement, failure to timely send modification shall constitute grounds for order requiring mortgagee to send such modification and failure to send modification shall constitute conduct contrary to objectives of mediation program and redesignated existing Subsec. (b) as Subsec. (c).