Bankruptcy and foreclosure often keep the same company, as a mortgagor whose property is under foreclosure will frequently resort to bankruptcy at some point in the foreclosure process to attempt to save it. At what point bankruptcy relief must be sought for that purpose can depend upon applicable state law, and the analysis can be tricky. What follows is a navigation of this somewhat technical issue for a Connecticut mortgage foreclosure, with some historical perspective.

In Connecticut, there are two methods of foreclosing a mortgage on real property: strict foreclosure and foreclosure by sale. Ocwen Federal Bank, FSB v. Charles, 95 Conn. App. 315, 323 (2006). See generally C.G.S. §49-24. Foreclosure simply means to “cut off the equity of redemption, the equitable owner’s right to redeem the property,” id., which can be done either “by sale or strict foreclosure.” Mortgage Electronic Registration Systems, Inc. v. White, 278 Conn. 219, 229 (2006).

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