Sec. 49-30s. Transfer agreement to convey property subject to underwater mortgage.
240 words·~1 min read·
/ct/title-49/chapter-846-mortgages/49-30s·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A mortgagor of an underwater mortgage may enter into a transfer agreement to convey the residential real property subject to the mortgage to a third party and, as a condition of such conveyance, pay to the mortgagee less than the outstanding balance due on the mortgage debt, which payment shall be in full or partial satisfaction of the mortgagor's obligation to the mortgagee. Such transfer agreement shall be executed by both the mortgagor and the mortgagee and shall:
(1)Contemplate a transfer to the third party of all the mortgagor's interests in the property to the third party, except for the interests reserved to the mortgagor in the transfer agreement or the interests held by more senior mortgagees or lienholders or junior lienholders that are not a party to the action and not subject to the action by virtue of section 52-325 ;
(2)contemplate a discharge of the mortgage after satisfaction of the conditions of the transfer agreement by the mortgagor;
(3)contemplate the termination of any other interest in the property subordinate to that of the mortgagee following a court's entry of a judgment of loss mitigation under section 49-30u ; and
(4)contain other provisions mutually agreeable to the mortgagor and mortgagee, including, without limitation, a cash contribution of either party to the other or the execution of a promissory note by one party in favor of the other party upon such terms as such parties agree.