CT · rules
Conn. Practice Book § 23-19
Motion for Deficiency Judgment
(a) Whenever a deficiency judgment is claimed
in a foreclosure action, the party claiming such judgment shall file with the clerk of the court within the
time limited by statute a written motion setting forth
the facts relied on as the basis for the judgment,
which motion shall be placed on the short calendar
for an evidentiary hearing. Such hearing shall be
held not less than fifteen days following the filing
of the motion, except as the judicial authority may
otherwise order. At such hearing the judicial authority
shall hear the evidence, establish a valuation for the
mortgaged property and shall render judgment for
the plaintiff for the difference, if any, between such
valuation and the plaintiff’s claim. The plaintiff in any
further action upon the debt, note or obligation, shall
recover only the amount of such judgment.
(b) Upon the motion of any party and for good
cause shown, the court may refer such motion to a
judge trial referee for hearing and judgment.
(c) Not less than fifteen days prior to the hearing
on the motion for deficiency judgment, the party
claiming the deficiency judgment shall file with the
clerk of the court and serve on each appearing
party, in accordance with Sections 10-12 through
10-17, a preliminary computation of the debt, the
name of any expert on whose opinion the party
will rely to prove the value of the property on the
date of vesting, and a statement of the party’s
claims as to the value. If any party intends to offer
evidence contradicting the debt or the valuation
of the property, such party shall file an objection
five days before the hearing on the motion and
shall disclose the name of any person who will testify
as to the value of the property.
History
(P.B. 1978-1997, Sec. 528.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
98c92edc610eae734a165b207ad221460c8dab93d7e15706b2669e9342ee7d71
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