Connecticut Assignment of Promissory Note and Liens

State:
Multi-State
Control #:
US-OG-304
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Lienholder assigns, conveys, and transfers to Transferee, all of Lienholder's interest in the Note and Liens. Lienholder warrants that the Liens are valid, in force and effect, and the unpaid principal on the Note transferred is no less than the amount stated.

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FAQ

When a buyer buys property and assumes a mortgage, the buyer becomes primarily liable for the debt and the seller becomes secondarily liable for the debt. "Assume" means the buyer takes on liability, and the seller is no longer primarily liable. "Subject to" means the seller is not released from responsibility.

Connecticut is considered a 'title theory' state wherein the mortgagor debtor pledges property to the mortgagee creditor as security for a debt and conveys 'legal title' to the mortgaged premises; the mortgagor retains 'equitable title' or the 'equity of redemption'2026.

Answer. No, you can't get the home back after the foreclosure. In Connecticut, you have up until the "Law Day" in a strict foreclosure or until the court confirms the foreclosure sale in a decree of sale foreclosure to "redeem" the house.

Connecticut is one of only three states that uses strict foreclosure. A strict foreclosure does not involve a judicial sale of the property. Instead, each of the individuals or entities that holds an interest in the property being foreclosed are assigned Law Days. Law Days are assigned in inverse order of priority.

Redemption Periods in Connecticut Some states have a law that gives a foreclosed homeowner time after the foreclosure sale to redeem the property. In Connecticut, the redemption period is before the sale in a foreclosure by judicial sale, and after the foreclosure decree in a strict foreclosure.

Connecticut is a recourse state. This means the lender that suffers a shortage in a foreclosure has the right to pursue a deficiency judgment from the borrower. They can and sometimes do sue the homeowner for the losses they have suffered and will move to collect these funds.

Assignment of Lien means an Assignment of Lien in form satisfactory to the Administrative Agent pursuant to which the Existing Mortgages and other Liens securing the Existing Credit Facility are assigned to the Administrative Agent.

In lien theory states, the buyer, who is also the borrower, will hold the deed to the real estate property for the life of the mortgage....These are the states where mortgage laws are defined by lien theory:Arkansas.Connecticut.Delaware.Florida.HawaiiIllinois.Indiana.Iowa.More items...?

3. WHAT IS STRICT FORECLOSURE? Connecticut is one of only three states that uses strict foreclosure. A strict foreclosure does not involve a judicial sale of the property.

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Connecticut Assignment of Promissory Note and Liens