CT SB00911

Strict foreclosure judgments shall be opened automatically when a mortgagor files a bankruptcy petition under Title 11 of the United States Code that triggers an automatic stay under 11 USC 362(a)

Judgment shall not be opened if the title has already become absolute in the mortgagee or encumbrancer, or if the automatic stay does not come into existence upon filing the bankruptcy petition

A judgment shall not be opened if a prior in rem relief order from the automatic stay was issued under 11 USC 362(d)(4) in favor of the plaintiff, recorded on land records, and still binding at the time of bankruptcy filing

Mortgagors must file a copy of the bankruptcy petition or an affidavit with the court clerk stating when the petition was filed, and must file an additional affidavit noting the termination date of any automatic stay

Any party taking title through strict foreclosure may file an affidavit evidencing the judgment was not opened despite the bankruptcy filing; effective date is October 1, 2019