Bill Text: CT SB00453 | 2013 | General Assembly | Comm Sub


Bill Title: An Act Concerning The Assessment Of Attorney's Fees In Foreclosure Mediation Proceedings.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-11 - Public Hearing 04/15 [SB00453 Detail]

Download: Connecticut-2013-SB00453-Comm_Sub.html

General Assembly

 

Committee Bill No. 453

January Session, 2013

 

LCO No. 5094

 

*05094SB00453JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING THE ASSESSMENT OF ATTORNEY'S FEES IN FORECLOSURE MEDIATION PROCEEDINGS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (4) of subsection (b) of section 49-31n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(4) If the mediator has submitted a report to the court that the parties may benefit from further mediation pursuant to subdivision (3) of this subsection, not more than two days after the conclusion of the mediation, but not later than the termination of the mediation period set forth in subdivision (1) of this subsection, the mediator shall file a report with the court describing the proceedings and specifying the issues resolved, if any, and any issues not resolved pursuant to the mediation. The filing of the report shall terminate the mediation period automatically. If certain issues have not been resolved pursuant to the mediation, the mediator may refer the mortgagor to any appropriate community-based services that are available in the judicial district, but any such referral shall not cause a delay in the mediation process. The court shall not award attorney's fees to any mortgagee for legal services rendered after the conclusion of a third mediation session for purposes of participating in the mediation process.

Sec. 2. Subdivision (4) of subsection (c) of section 49-31n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(4) If the mediator has submitted a report to the court that the parties may benefit from further mediation pursuant to subdivision (3) of this subsection, not more than two days after the conclusion of the mediation, but not later than the termination of the mediation period set forth in subdivision (1) of this subsection, the mediator shall file a report with the court describing the proceedings and specifying the issues resolved, if any, and any issues not resolved pursuant to the mediation. The filing of the report shall terminate the mediation period automatically. If certain issues have not been resolved pursuant to the mediation, the mediator may refer the mortgagor to any appropriate community-based services that are available in the judicial district, but any such referral shall not cause a delay in the mediation process. The court shall not award attorney's fees to any mortgagee for legal services rendered after the conclusion of a third mediation session for purposes of participating in the mediation process.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2013

49-31n(b)(4)

Sec. 2

October 1, 2013

49-31n(c)(4)

Statement of Purpose:

To prohibit mortgagees from recouping attorney's fees for legal services rendered after a third mediation session.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

Co-Sponsors:

SEN. FASANO, 34th Dist.

S.B. 453

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