On June 3, 2014, Governor Malloy signed into law Public
Act 14-84: An Act Concerning an Optional Method of Foreclosure.
This new law creates a third option for those facing foreclosure: foreclosure
by market sale. Traditionally a house going through foreclosure will either be
transferred directly to the foreclosing party in cases where there is no equity
in the property (strict foreclosure) or the property will be put up for sale at
a foreclosure auction (foreclosure by sale). A foreclosure by market sale will
allow for a realtor to list and sell the property in order to pay off the lender.
The new law gives the borrower the ability to sell
their home in a more traditional manner by selecting a listing agent and
listing the house for its fair market value. Foreclosure auctions tend to yield
lower selling prices, so the market sale should ideally be a win-win for both
borrower and lender. The market sale requires approval by the lender and the
court, so in practice it will likely look and feel more like a “short sale”,
where the lender agrees to a sale of the property, even though the lender’s net
proceeds are less than what is owed.
The law will take effect January 1, 2015, and will be
codified in Section 49-24 et seq. of the Connecticut General
Statutes. With questions or concerns on how this new law may
affect you, please contact the experienced real estate lawyers
of Brown, Paindiris &
Scott.
