Form JD-CV-79 "Foreclosure by Sale, Standing Orders" - Connecticut

What Is Form JD-CV-79?

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Download Form JD-CV-79 "Foreclosure by Sale, Standing Orders" - Connecticut

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FORECLOSURE BY SALE
STATE OF CONNECTICUT
STANDING ORDERS
SUPERIOR COURT
JD-CV-79 Rev. 10-10
www.jud.ct.gov
June Special Session, Public Act No. 10-1
Uniform Standing Orders for Foreclosure by Sale
Unless otherwise ordered by the Court, these are the Standing Orders for Foreclosures by Sale:
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.
2.
Within 10 days following the entry of judgment of foreclosure by sale, the plaintiff must send a letter by certified mail,
return receipt requested, and by regular mail, to all nonappearing defendant owners of the equity and a copy of the
notice must be sent to the clerk's office and the committee. The letter must contain the following information: a.) the
letter is being sent by order of the Superior Court; b.) terms of the judgment of foreclosure by sale; c.) the nonappearing
defendant owner(s) of the equity risk the loss of the equity if they do not take steps to protect that equity and the owner
(s) should check with the Clerk of the Court after the sale to learn if there may be any money that is distributable to them;
d.) the nonappearing defendant owner(s) should either file an individual appearance or have counsel file an appearance
in order to protect their interest in the equity. The plaintiff must file the return receipt with the Court. No sale will be
approved or funds disbursed without proof of mailing.
3.
Except for filing an appearance the committee must not incur committee fees or expenses until 45 days (the "bar
date") before the sale.
4.
The committee must adhere to the guidelines in the Uniform Procedures for Foreclosure by Sale Matters
(JD-CV-81) and must use court approved forms where applicable.
5.
Following the bar date, the committee must get a full title search of the premises. The fee must not exceed $225.00.
The committee may not personally perform the title search.
6.
At the time of judgment, a disinterested appraiser (that is, other than the plaintiff's appraiser) will be appointed by the
Court and will, under oath, appraise the property and file the appraisal with the Clerk of the Court at least 10 (ten) days
prior to the sale. The committee must communicate with the appraiser to make sure that the return of appraisal is filed
with the Court as ordered.
7.
The sale will take place at 12:00 noon on the premises.
8.
The inspection of the premises must be from 10:00 a.m. to 12:00 noon on the date of sale.
9.
The deposit is 10% of the fair market value as found by the Court and is waived for the plaintiff. The deposit is to be
paid by either bank or certified check. The committee must collect all deposit instruments from potential bidders at the
time the bidders register to bid.
10. Any Court-ordered advertisement must be posted on the Judicial Branch website through the Foreclosure Ad Posting
program available to the Committees through E-Services. The Committee must post the ad on the judicial website after
the bar date, with the notice to run from ten (10) days after the bar date until the day after the sale date. In addition, an
advertisement must be placed in a newspaper on two (2) separate dates in accordance with the list of newspapers and
publication dates below, unless otherwise ordered 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.
Format for newspaper advertisement:
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
11. The sign must be placed on the premises not less than 20 nor more than 30 days prior to the sale. The committee is
not required to place a sign where the property is a condominium or cooperative, unless the property is a stand alone
building unit in a common interest community.
12. The size of the sign must be 3 feet wide and 2 feet high and must contain the following statement:
DO NOT REMOVE; VIOLATION SUBJECT TO PUNISHMENT BY THE COURT.
13. The cost of the sign must not exceed the amount authorized by the Court including preparation, erection and
photographing for inclusion in the committee report.
14. The committee is authorized to replace the sign once without Court approval, provided the sign can be erected at least
ten days before the sale. The committee may not personally erect the sign.
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FORECLOSURE BY SALE
STATE OF CONNECTICUT
STANDING ORDERS
SUPERIOR COURT
JD-CV-79 Rev. 10-10
www.jud.ct.gov
June Special Session, Public Act No. 10-1
Uniform Standing Orders for Foreclosure by Sale
Unless otherwise ordered by the Court, these are the Standing Orders for Foreclosures by Sale:
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.
2.
Within 10 days following the entry of judgment of foreclosure by sale, the plaintiff must send a letter by certified mail,
return receipt requested, and by regular mail, to all nonappearing defendant owners of the equity and a copy of the
notice must be sent to the clerk's office and the committee. The letter must contain the following information: a.) the
letter is being sent by order of the Superior Court; b.) terms of the judgment of foreclosure by sale; c.) the nonappearing
defendant owner(s) of the equity risk the loss of the equity if they do not take steps to protect that equity and the owner
(s) should check with the Clerk of the Court after the sale to learn if there may be any money that is distributable to them;
d.) the nonappearing defendant owner(s) should either file an individual appearance or have counsel file an appearance
in order to protect their interest in the equity. The plaintiff must file the return receipt with the Court. No sale will be
approved or funds disbursed without proof of mailing.
3.
Except for filing an appearance the committee must not incur committee fees or expenses until 45 days (the "bar
date") before the sale.
4.
The committee must adhere to the guidelines in the Uniform Procedures for Foreclosure by Sale Matters
(JD-CV-81) and must use court approved forms where applicable.
5.
Following the bar date, the committee must get a full title search of the premises. The fee must not exceed $225.00.
The committee may not personally perform the title search.
6.
At the time of judgment, a disinterested appraiser (that is, other than the plaintiff's appraiser) will be appointed by the
Court and will, under oath, appraise the property and file the appraisal with the Clerk of the Court at least 10 (ten) days
prior to the sale. The committee must communicate with the appraiser to make sure that the return of appraisal is filed
with the Court as ordered.
7.
The sale will take place at 12:00 noon on the premises.
8.
The inspection of the premises must be from 10:00 a.m. to 12:00 noon on the date of sale.
9.
The deposit is 10% of the fair market value as found by the Court and is waived for the plaintiff. The deposit is to be
paid by either bank or certified check. The committee must collect all deposit instruments from potential bidders at the
time the bidders register to bid.
10. Any Court-ordered advertisement must be posted on the Judicial Branch website through the Foreclosure Ad Posting
program available to the Committees through E-Services. The Committee must post the ad on the judicial website after
the bar date, with the notice to run from ten (10) days after the bar date until the day after the sale date. In addition, an
advertisement must be placed in a newspaper on two (2) separate dates in accordance with the list of newspapers and
publication dates below, unless otherwise ordered 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.
Format for newspaper advertisement:
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
11. The sign must be placed on the premises not less than 20 nor more than 30 days prior to the sale. The committee is
not required to place a sign where the property is a condominium or cooperative, unless the property is a stand alone
building unit in a common interest community.
12. The size of the sign must be 3 feet wide and 2 feet high and must contain the following statement:
DO NOT REMOVE; VIOLATION SUBJECT TO PUNISHMENT BY THE COURT.
13. The cost of the sign must not exceed the amount authorized by the Court including preparation, erection and
photographing for inclusion in the committee report.
14. The committee is authorized to replace the sign once without Court approval, provided the sign can be erected at least
ten days before the sale. The committee may not personally erect the sign.
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15. The committee must obtain liability insurance for the date of the sale in the amount of $1,000,000. The premium must
not exceed $250.00.
16. At the request of the plaintiff, the committee must provide the plaintiff with the committee's estimated fees and costs no
later than 2 (two) business days after the request.
17. The plaintiff may bid at the foreclosure sale by attending the sale or by sending a bid to the committee by facsimile
transmission or e-mail transmission on the Court approved form. The plaintiff's written bid must be received by the
committee's office no later than 2:00 p.m. on the Friday before the sale date, or at such other time as is agreed to
between the plaintiff's attorney and the committee. The plaintiff must obtain and retain a confirmation report of the
facsimile transmission from its facsimile machine or a return receipt of the e-mail. The committee must notify the plaintiff's
attorney by return facsimile or e-mail promptly, but no later than 4:00 p.m. on the Friday before the sale date, that the
committee received the bid or at such other time as is agreed to between the plaintiff's attorney and the committee. The
committee must obtain and keep a confirmation report of the facsimile transmission from its facsimile machine or a return
receipt of the e-mail. Failure of the committee to confirm receipt of the bid will not affect the validity of the plaintiff's written
bid. Unless authorized by the plaintiff, the committee must not disclose plaintiff's written bid before announcing it at the
commencement of bidding, except to an employee or attorney in practice with the committee if necessary for the
committee to fulfill its duties. The plaintiff may withdraw or change its bid before the opening of bidding by attending the
foreclosure sale in person, by the plaintiff's attorney or by a duly authorized agent, and notifying the committee of the
withdrawn or changed bid. Nothing in these standing orders precludes the plaintiff or the plaintiff's attorney or authorized
agent from appearing in person or from participating in the bidding process. The plaintiff's written bid will be deemed to be
the first bid made at the foreclosure sale and the committee must register the plaintiff at the foreclosure sale as Bidder
No.1, must announce the plaintiff's bid at the commencement of the bidding, and must record the plaintiff's written bid as
the first bid.
18. If the sale is cancelled for any reason after publication or erection of the sign, the committee must post a written
announcement of cancellation on the premises on the date of the sale. On the date of the cancelled sale, the committee
must be at the premises from 10:00 a.m. until a reasonable period of time has elapsed.
19. If the committee receives notice of bankruptcy, the plaintiff's attorney must be promptly notified.
20. The high bidder/purchaser must close no sooner than 21 days but no later than 30 days from the date of notice of the
Court's approval of the committee sale. The deposit may be forfeited if the purchaser does not close within 30 days of
the notice of approval of the committee sale. At the closing, the successful bidder shall provide the Committee with a
certified or bank check payable to the Clerk of the Superior Court, for the balance of the purchase price. The successful
bidder must record the committee deed within 30 days of the closing.
21. The committee must file a return of sale within 14 days from the date of the closing.
22. The sale is subject to any and all liens choate and inchoate which are prior in right to the encumbrance being
foreclosed.
23. A motion for supplemental judgment should be filed with the court as soon as possible after the committee conducts the
closing. The motion for supplemental judgment must be filed even if the plaintiff is the successful bidder and no money will
be paid into court. A copy of the original note should be submitted along with the motion. The motion should request
payment for all parties that may be eligible for payment upon disbursement of the proceeds of sale and include an affidavit
of debt for each eligible party. The plaintiff's affidavit of debt should include the annual and daily rate of interest, the
amount of the interest, the number of days and the dates used to calculate the interest period (date of entry of the
judgment of foreclosure by sale to the date of disbursement, which includes the 20-day appeal period), principal amount
of the debt, date of the committee's conveyance, insurance premium amount, if any, and dates of coverage with
documentation, amount of any taxes paid and term covered with documentation, amounts claimed for property
preservation with documentation. A proposed supplemental judgment which includes the actual addresses of all parties
listed in the complaint should be attached to the motion and also forwarded to the court clerk by e-mail to allow the court
to make any necessary corrections. Debt calculations may not include credit line maintenance, broker price opinions, real
estate taxes after the committee conveyance or insurance premiums after the committee conveyance.
By Order of the Court
, J.
The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a
reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at
www.jud.ct.gov/ADA/
JD-CV-79 Rev. 10-10
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