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Short Calendar Notice for Foreclosure Matters
Rev. 06/23/2012
 
Argument on motions listed as arguable (ARG) on the short calendar will be heard on the day scheduled for the short calendar provided the motion has been marked “READY.”  These motions include Motions for Judgment of Foreclosure, Deficiency Judgments, Motions to Approve Committee Sale, Deed, Report, Expenses and Fees, Motions to Open Judgment, Motions for Protection from Foreclosure, and Motions for Judgment on the Mortgage Note.
 

 
 

A party can request that the Court decide a motion listed as arguable (ARG) by reviewing the papers by marking the motion “TAKE PAPERS.”  It is in the Court’s discretion to decide the matter by reviewing the papers or to require argument.  If the Court requires argument on the motion, the clerk will schedule a hearing at a later date and notify the parties of the hearing date by mail. 

Any motion that is listed as non-arguable (N/A) and appears with an arguable (ARG) motion on the short calendar can be marked as follows:

  1. If the party wants to ask the Court to review and decide the motion on the papers, mark the motion “Take Papers”;

  2. If the party is asking the Court to hear argument on the non-arguable motion, mark the motion “Take Papers” and file a Request for Argument.  If the arguable (ARG) motion is marked ready and the non-arguable motion is marked “Take Papers” and a Request for Argument is filed, the Court will hear the matter on the day scheduled for short calendar.

Any motion that is listed as non-arguable (N/A) and does not appear with an arguable (ARG) motion on the short calendar can be marked as follows:

  1. If the party wants to ask the Court to review and decide the motion on the papers, mark the motion “Take Papers”;

  2. If the party is asking the Court to hear argument on the non-arguable motion, mark the motion “Take Papers” and file a Request for Argument.  No argument will take place on the day of the short calendar.  If the Court requires argument on the motion, the clerk will schedule a hearing at a later date and notify the parties of the hearing date by mail. 

  • An Affidavit of Appraisal should be submitted in lieu of testimony except where fair market value is contested. In the case of deficiency judgments, the appraiser shall testify if the appraisal is lower than the fair market value found at the date of judgment or if the fair market value is contested.

  • The following originals should be submitted at the hearing on Motion for Judgment of Strict Foreclosure or Motion for Judgment of Foreclosure by Sale:  Mortgage Note and Deed (or Affidavit of Loss), Assignments of Mortgage, if any, Appraisal Report, and Affidavit of Debt with updated computation of the debt to day of judgment.

  • Opposing parties contesting value must file a Notice of Intent to Argue at least 3 days prior to hearing and must certify copies to all self-represented parties and counsel of record.

  • After a Foreclosure by Sale, the Motion for Supplemental Judgment is to be filed with a copy of the proposed judgment. If supplemental judgment disbursement is held by the clerk, the debt should be calculated to date of disbursement. No appearance should be necessary for a Motion for Supplemental Judgment.

  • The Plaintiff shall file an appropriate affidavit indicating compliance with C.G.S. §8-265dd (the Emergency Mortgage Assistance Payment Program).

  • The Plaintiff has filed a fully executed Affidavit – Federal Loss Mitigation Programs (JD-CL-114)

  • Defaults will not be granted at the time of judgment unless such motions have been filed pursuant to P.B. §17-20 (Failure to Appear), P.B. §17-32 (Failure to Plead), and P.B. §13-19 (No Disclosure of Defense) and there has been compliance with the notice requirements as prescribed in the respective rules. Defaults for Failure to Appear, except as provided in P. B. §17-23 through 17-30, and Defaults for Failure to Plead will be granted by the clerk. Defaults for Failure to Disclose a Defense will only be placed on the short calendar or heard after compliance with the notice requirements prescribed in P.B. §10-12 through 10-17.

 

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