New Haven JD - Foreclosure Standing Orders
Presiding Judge

• Foreclosure by Sale Standing Orders - (PDF)

This court will accept Affidavits of Appraisers in lieu of testimony, provided that there is no objection from any party. The affidavit must be substantially in the form developed by the New Haven JD Clerk’s Office.
 

• Affidavit of Appraiser Form (Word) - PDF version

Committees appointed to conduct foreclosure sales must use the following form of advertisement and the following Notice to Bidders:

• Standard Form for Newspaper Ads

• Model Notice to Bidders

• Plaintiff's Bid at Foreclosure Sale

Pursuant to a judgment of foreclosure by sale rendered by the Superior Court for the Judicial District of New Haven at New Haven in the case of ABC BANK v. JOHN DOE, Docket No. CV01-0123456, the property known as 125 Main Street, Anytown, CT is being sold at public auction on Saturday, [Date] at [Time]. The property is legally described as follows:

[Insert legal description of property].

The sale is subject to approval by the Court.

Anyone wishing to participate in the bidding, except the foreclosing plaintiff, must register with the Committee prior to the auction and present for the Committee’s examination a certified or bank check in the amount of $[Amount of deposit] ([Amount of deposit in words]). Qualified bidders will be issued numbers, and bidding will be conducted and recorded by those numbers. The successful bidder will be required to deposit the check with the Committee at the conclusion of the auction.

A report of the results of this auction will be submitted promptly to the Court for approval. The successful bidder must be prepared to pay the balance of the purchase price within thirty (30) days after the approval of the sale. The deposit may be ordered forfeited if the successful bidder fails to complete the transaction within the thirty-day period.

The property is being sold "as is", subject to no contingencies whatsoever. The Committee makes no warranties, either express or implied, concerning the property’s condition, and no adjustments will be made for any defects that may be discovered after this date. The Committee makes no representations of any kind as to the environmental condition of the property. All bids are to be made based on the bidder’s own information and knowledge of the property, learned through his or her own efforts, and not on any representation or comments made by the Committee.

The property is being sold free and clear of the lien(s) being foreclosed, and of all interests subsequent in right to that lien. The property is being sold subject to:

A) All taxes due the city of Anytown not foreclosed by this action. The Tax Collector has advised the Committee that the outstanding balance on these taxes is $X, plus accruing interest. The Committee makes no representations as to the accuracy of this information.

B) Water and Sewer use charges not foreclosed by this action. The Regional Water Authority and the Water Pollution Control Authority have advised the Committee that the outstanding balance on these charges total $Y, plus accruing interest. The Committee makes no representations as to the accuracy of this information.

C) All building and zoning regulations of the city of Anytown which affect this property.

D) All building lines, easements, restrictions and all other matters concerning this property which appear of record.

E) The rights of any persons in possession or occupancy of the property who have not been made parties to this foreclosure action.

F) The right of the United States of America to redeem the property, if applicable under Federal law.

G) Any other liens on this property which have not been foreclosed by this action.

The risk of loss or damage to these premises is to be borne by the successful bidder, who should purchase sufficient property insurance to protect his or her interest in the property.

[Name]

Committee for Sale

*This model should be considered the minimum notice to bidders. Committees should feel free to add any additional information as they deem appropriate.

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Standard Form for Newspaper Ads in Foreclosure Sales Ordered by the New Haven Superior Court

(Legal description of property should not be included in ad. Committee should have it available from the court file for interested parties.)

NOTICE OF PUBLIC AUCTION
FORECLOSURE SALE: [TYPE OF PROPERTY]*
LOCATION: [STREET ADDRESS AND TOWN]

Pursuant to a judgment of the Superior Court for the Judicial District of New Haven at New Haven in: [Name of Case], Docket No. [ ], the property named above will be sold, subject to Court approval, at public auction on Saturday, [Month and Day], 2002, at [time] on the premises.

The successful bidder shall deposit with the Committee, at the time of the sale, a certified check or bank check in the amount of [AMOUNT OF DEPOSIT IN WORDS] ($ .00). The balance of the proceeds is to be paid no later than thirty (30) days from the approval of the sale by the Court. If the purchaser is unable to complete the sale within the thirty (30) day period, the deposit shall be forfeited.

Further description of the property and further terms of the sale may be obtained from the Committee or from the court file.

[Name], Committee
[Street address]
[Town], Connecticut [zip]
(203) [telephone no.]

*Type of property should be identified as, for example, Residential, Multi-family, Commercial, Industrial, or Land only.

Please do not print brackets.

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Order Re: Plaintiff's Bid at Foreclosure Sale

1) The Plaintiff may bid at the foreclosure sale by attending the sale or by communicating its bid to the Committee of Sale by facsimile transmission (“Plaintiff’s Written Bid”).

2) Plaintiff’s Written Bid shall be submitted on an approved form only. PLAINTIFF'S BID AT FORECLOSURE SALE AND COMMITTEE'S RESPONSE.

3) Plaintiff’s Written Bid must be received by the Committee’s office no later than 2:00 p.m. on the Friday before the sale date, or at such other time as is agreed to between the Plaintiff’s attorney and Committee. The Plaintiff shall obtain and retain a confirmation report of the facsimile transmission.

4) The Committee shall notify the Plaintiff’s attorney by return Facsimile promptly, but no later than 4:00 p.m. on the Friday before the sale date, that the Committee has received the bid. The Committee shall obtain and retain a confirmation report of the facsimile transmission. Failure of the Committee to confirm receipt shall not affect the validity of the Plaintiff’s Written Bid. All facsimile bids shall be made at the peril of the Plaintiff. The failure of a Committee to record a Written Bid shall not be grounds for the sale to be disallowed.

5) Plaintiff’s Written Bid shall be deemed to be the first bid made at the foreclosure sale and the Committee shall register the Plaintiff at the foreclosure sale as bidder No. 1. The Committee shall announce the Plaintiff’s bid at the commencement of the bidding and shall record Plaintiff’s Written Bid as the first bid. The Plaintiff’s Written Bid shall be attached as an exhibit to the Committee’s report.

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