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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.
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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:
-
If the party
wants to ask the Court to review and decide the motion
on the papers, mark the motion “Take Papers”;
-
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:
-
If the party
wants to ask the Court to review and decide the motion
on the papers, mark the motion “Take Papers”;
-
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.
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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.
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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.
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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.
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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.
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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)
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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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State of Connecticut Judicial Branch
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