Standing Order on Mortgage Foreclosure
Mortgage Foreclosure Standing Order – Federal Loss Mitigation Programs has been posted to the Judicial Branch’s website. This standing order is effective September 1, 2010.
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The purpose of this standing order is to ensure that no mortgage foreclosure proceeding is initiated, no previously initiated mortgage foreclosure proceeding goes to judgment, and no sale of a residential property for which the mortgage has been foreclosed is approved pursuant to a judgment of foreclosure by sale, unless the defendant has had an opportunity, if the defendant is eligible, to apply for relief under a federal loss mitigation program including, but not limited to, the Home Affordable Modification Program (HAMP), the Second Lien Modification Program (2MP), the Home Affordable Unemployment Program (UP), and the Home Affordable Foreclosure Alternatives Program (HAFA), information about which is available at
https://www.hmpadmin.com/portal/about/overview.html
http://makinghomeaffordable.gov/about.html
https://www.hmpadmin.com/portal/docs/hamp_servicer/sd1002.pdf
http://www.homeloans.va.gov/circulars/26_10_2.pdf
among other sources.
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1. This standing order is effective September 1, 2010 and replaces the Foreclosure Standing Order Federal Mitigation Loss Programs dated August 4, 2010.
2. The purpose of this standing order is to ensure that no mortgage foreclosure proceeding is initiated, no previously initiated mortgage foreclosure proceeding goes to judgment, and no sale of a residential property for which the mortgage has been foreclosed is approved pursuant to a judgment of foreclosure by sale, unless the defendant has had an opportunity, if the defendant is eligible, to apply for relief under a federal loss mitigation program including, but not limited to, the Home Affordable Modification Program (HAMP), the Second Lien Modification Program (2MP), the Home Affordable Unemployment Program (UP), and the Home Affordable Foreclosure Alternatives Program (HAFA), information about which is available at
https://www.hmpadmin.com/portal/about/overview.html,
http://makinghomeaffordable.gov/about.html,
https://www.hmpadmin.com/portal/docs/hamp_servicer/sd1002.pdf and
http://www.homeloans.va.gov/circulars/26_10_2.pdf among other sources.
3. All mortgage foreclosure complaints filed in the Superior Court on and after September 1, 2010, shall be accompanied by a fully executed AFFIDAVIT Federal Loss Mitigation Programs, form JD-CL-114.
4. In any mortgage foreclosure proceeding filed before September 1, 2010, that is pending in the Superior Court and has not gone to judgment, or has gone to judgment of foreclosure by sale but in which the sale of the foreclosed residential property has not been approved, the plaintiff shall file a fully executed AFFIDAVIT Federal Loss Mitigation Programs, form JD-CL-114, no later than 30 days from the effective date of this order. No judgment shall enter in any mortgage foreclosure proceeding filed before September 1, 2010, and no sale of a residential property that is the subject of a judgment of foreclosure by sale that has not been approved shall be approved, unless a fully executed AFFIDAVIT Federal Loss Mitigation Programs, form JD-CL-114, is on file.
5. If the plaintiff does not comply with the requirement to file a fully executed AFFIDAVIT Federal Loss Mitigation Programs, form JD-CL-114, under this order, a motion for default or motion for judgment filed by the plaintiff may not be granted until the affidavit is filed or upon order of the court.
Source: Connecticut Judicial Branch
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4closureFraud.org
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Connecticut Mortgage Foreclosure Standing Order
While it is a step in the right direction how about a moratorium on all foreclosures until the homeowner can identify their true creditor… receive copies of their MBS pool documents etc…, in the end the Mill’s now have a new document to produce… sadly like Maia states… Judge… they are out of work, no savings, no equity.. here’s your affidavit to fact… case closed… next.
How about enforcing the Mill’s to produce an “affidavite” that are foreclosing on behalf of the legal party of interest…
in the end just more political pandering before the mid-terms
This wouldn’t help me or anybody I know–we have no credit, little income and no way that’s going to change. Maybe a case of too little, too late, but really a case of no REALITY check. The ones in charge do not want to accept that these things won’t work. Modify WHAT? CHASE AND THE OTHER BIG BANKS ARE BUYING ALL OF OUR PROPERTIES FOR PENNIES ON THE DOLLAR. Let us do that and MAYBE, maybe we might have a chance. Otherwise, forget it.