Application And Execution For Ejectment Mortgage Foreclosure Form. This is a Connecticut form and can be use in Civil Statewide.
Tags: Application And Execution For Ejectment Mortgage Foreclosure, JD-CV-30, Connecticut Statewide, Civil
APPLICATION AND EXECUTION FOR EJECTMENT MORTGAGE FORECLOSURE JD-CV-30 Rev 1-16 C.G.S. §§ 49-22, 49-31p; 42 USC 1437f (o) STATE OF CONNECTICUT SUPERIOR COURT www.jud.ct.gov Instructions to Clerk 1. Forward original and copy of this form and any attachments to applicant or attorney. 2. Retain copy of signed execution. Instructions to Proper Officer 1. Complete items 3 and 5 at bottom. 2. Make return within 60 days. Instructions to Applicant 1. Prepare an original and 3 copies; forward the original and 2 copies of this form and any attachments to clerk. 2. After return of signed form from clerk, forward the original and a copy of form and any attachments to a proper officer. Name of case Docket number Name and mailing address of applicant or attorney To: Date of judgment Date title was transferred Date lis pendens recorded Address of Judicial District Court location (Number, street, town, and zip code) Address of premises (Attach complete legal description of land) Name(s) of person(s) entitled to possession Name(s) of person(s) in possession Is person in possession a "bona fide tenant" as described If yes, when was notice to vacate provided to No Yes in section 49-31p(b) of the Connecticut General Statutes?* (Date). Does person(s) in possession have a lease? No Yes If yes, when does lease end? this person(s)? (Date). program (ex., Title VIII)? Name of applicant No Does person(s) in possession occupy the premises under a federal or state subsidized tenancy (Date). *See "Notice" on back/page 2 of this form. Yes If yes, when does tenancy end? Signature of applicant Date signed To: Any Proper Officer By the authority of the State of Connecticut, you are commanded to cause the said person(s) entitled to possession to have the seizin and peaceable possession of the premises described herein, and to put and eject the said person(s) in possession, out of possession thereof, and to put the person(s) entitled to possession into the peaceable and quiet possession thereof, provided that no person shall be ejected who is not a party to the action except a transferee or lienor who is bound by the judgment by virtue of a lis pendens. If said person(s) in possession have not removed all their possessions and personal effects, then you may remove them and deliver them to the place of storage designated by the chief executive officer of the town for such purposes. Prior to removal, you must give the chief executive officer of the town 24 hours notice of the removal, stating the date, time, and Signed (Judge, Assistant Clerk) address of the removal as well as a general description, if known, of the types and amount of property to be removed from the land and be delivered to the place of storage. Prior to giving notice to the chief executive officer you must use reasonable efforts to locate and notify the person(s) in possession of the date and time the removal is to take place and the possibility of a sale of their possessions pursuant to General Statute 49-22 and you must provide clear instructions as to how and where such person or person may reclaim any possessions and personnel effects removed and stored, including a telephone number that such person or persons may call to arrange release of such possessions and personal effects. Make service and due return within 60 days from the date hereof. Date signed Notice To Persons In Possession Of Premises Subject To Ejectment Important: If you are in possession of the premises and you were not named as a party to this foreclosure action, you are not subject to this execution unless you are a transferee or lienor who is bound by the judgment by virtue of a lis pendens. 4. If your possessions and personnel effects are removed and stored and you do not reclaim them and the expense of the storage is not paid to the chief executive officer of the town within 15 days, then they may be sold by the town under section 49-22 of the Connecticut General Statutes. 5. If you do not move your possessions and personal effects by: (To be completed by proper officer) Date Time (a.m./p.m.) 1. The person(s) entitled to possession have been given the right to possession of these premises by a judgment of the Superior Court. This means that you must move out of the premises described on the attachment(s) to this form by the date given at right. 2. If you do not move out by that date, this paper, which does not have to be handed to you personally, gives a proper officer the legal right to remove your possessions and personal effects and deliver them to the place of storage designated by the chief executive officer in the town. 3. Your possessions and personal effects will be stored at: You may call: to reclaim any of those possessions and personal effects and to arrange to have them given back to you. Page 1 of 2 I will return to remove your possessions and personal effects and store them. American LegalNet, Inc. www.FormsWorkFlow.com Notice: Connecticut General Statutes Section 49-31p provides: (a) In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property that has a return date on or after July 13, 2011, but not later than December 31, 2017, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to (1) the provision, by such successor in interest, of a notice to vacate to any bona fide tenant not less than 90 days before the effective date of such notice; and (2) the rights of any bona fide tenant, as of the date absolute title vests in such successor in interest (A) under any bona fide lease entered into before such date to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90-day notice under subdivision (1) of this subsection; or (B) without a lease or with a lease terminable at will under state law, subject to the receipt by the tenant of the 90day notice under subdivision (1) of this subsection except that nothing under this section shall affect the requirements for termination of any federally subsidized or statesubsidized tenancy or of any state or local law that provides longer time periods or other additional protections for tenants. (b) For purposes of this section, a lease or tenancy shall be considered bona fide only if