Connecticut Foreclosure; How This Procedure Affects Borrowers In This State

Every state in the US has their own legal foreclosures process

, some are judicial and others are non-judicial and some state make use of both these processes. In most instances the process doesn't vary a lot, but in the Connecticut foreclosure situation a judicial process take place and although short sales are becoming more popular, January figures indicate that not much has changed.

Non-judicial foreclosures are allowed when the Deed of Trust is used as a primary instrument of security and fortunately in Connecticut we don't have to worry about these. I say fortunately because this is a very fast process, and if you are a home owner in fear of foreclosure, you generally need a bit more time to come up with a plan B.

In the case of a non-judicial foreclosure the process is much faster as it does not have to go through the court systems, however the Deed of Trust is not used for security, so the non-judicial process cannot be followed. A home owner in this state has a little more time to come up with an alternate plan because of this.

A 60 day time line for a Connecticut foreclosure to take place is cutting things a bit fin in this day and age where so many foreclosures are clogging up court systems, and these are still on the increase. Figures in Jan 2010 are up 30% on figures of Jan 2009 in this state; making it number 21 in the top US foreclosure states. Therefore logic tells us that the court process will take longer than the anticipated 60 days during normal economic times.

One of the reasons why foreclosures take less time to finalize in Connecticut is the fact that two processes are used; the decree of sale or the strict foreclosure. In terms of strict foreclosure the lender where the home owner is in default, approaches the court directly and no auction sale takes place.

In most instances this is a mere formality anyway, but this step is cut out of the process and the title of the property transfers to the lender.

When the home owner is not able to remedy the default in the specified time the process is completed and the foreclosure becomes absolute. There are no rights of redemption for Connecticut home owners, however lenders are able to pursue a deficiency judgment.

A decree of sale is a foreclosure with the sale part of the process which is still in place; the date, time and method is determined by a committee. Three different appraisers have to appraise the property and a value determined. Again, this sale may be stopped if the home owner raises and pays the default amount within a certain period of time prior to the sale taking place.

Taking into consideration that at present the foreclosure ration in this state is 1:651, and the national rate is 1:409, there are still a good deal of foreclosure property coming onto the market for sale. This makes for an excellent buyers market.

by: Benny Handa

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