www.hudclips.org 


U. S. Department of Housing and Urban Development
Washington, D.C. 20410-8000

October 21, 1993
OFFICE OF THE ASSISTANT SECRETARY
FOR HOUSING-FEDERAL HOUSING COMMISSIONER
MORTGAGEE LETTER 93-34
     TO:  ALL APPROVED MORTGAGEES
     ATTENTION:  Single Family Servicing Managers
     SUBJECT:  First Legal Action to Commence Foreclosure
                 in the State of Connecticut
 
          On November 10, 1992, HUD Handbook 4330.4 , FHA Single Family
     Claims was issued with a list (Appendix 6) of the actions that
     the Department considers to be the first legal action to commence
     foreclosure in each state.  However, in the State of Connecticut
     the foreclosure procedures do not follow those of other judicial
     states.  Therefore, it is necessary to modify the action which
     the Department considers to be the first legal action in the
     State of Connecticut.
 
          According to Appendix 6, the first legal action to commence
     foreclosure in the State of Connecticut is when the mortgagee
     files its complaint in court.  In most judicial states, it is
     very clear that filing a complaint in a court of competent
     jurisdiction satisfies HUD's criteria.  However, in the State of
     Connecticut, the foreclosure attorney delivers the complaint to
     the sheriff of the county in which the defendants reside.  The
     sheriff serves the complaint on each defendant.  The complaint is
     not filed with the court until the sheriff has effected service
     of process on the named defendants.
 
          Given the nature of the Connecticut foreclosure law, filing
     a complaint with the court is dependent upon the ability and
     timeliness of the sheriff effecting valid service.  Consequently,
     once the complaint has been delivered to the sheriff, the mortgagee
     has done everything within its power and as required by law
     to commence foreclosure.  The actual filing of the complaint is
     entirely in the hands of the sheriff.  Therefore, the first legal
     action to commence foreclosure in the State of Connecticut is
     modified to read "Delivering the complaint to the Sheriff".
 
          If there are any questions concerning this Mortgagee Letter,
     please contact the Single Family Loan Servicing staff in the
     Hartford HUD Field Office.
 
Very sincerely yours,
 

Nicolas P. Retsinas
Assistant Secretary for Housing
- Federal Housing Commissioner
 
     *U.S. G.P.O.:1993-301-054:80219