What is a notice of intent to foreclose?
A written notice a mortgage servicer must send to a borrower in Connecticut at least 30 days before filing a foreclosure action, disclosing the default, amount owed, and available loss mitigation options.
Before a mortgage servicer can file a judicial foreclosure action in Connecticut, state law requires the servicer to send a notice of intent to foreclose to the borrower. This written notice must be delivered at least 30 days before the foreclosure lawsuit is filed. The notice functions as a formal warning that outlines the borrower's default on the mortgage and the amount needed to cure the default.
Connecticut law requires the notice to disclose specific information, including the current loan balance, total amount in arrears, and a clear explanation of what the borrower must do to stop the foreclosure process. Critically, the notice must also inform the borrower of available loss mitigation options, such as loan modification, forbearance, or other alternatives offered by the servicer. The notice must be sent to the last known address on file and, in many cases, to the borrower's attorney if one has been retained.
A defective or improperly served notice of intent to foreclose can become a valid defense in a foreclosure case. Courts may dismiss the action if the servicer failed to provide adequate notice, did not include required disclosures, or did not wait the mandated 30 days before filing suit. This requirement gives borrowers time to explore options and consult with foreclosure defense professionals before litigation begins. Documented compliance with notice requirements is essential in Connecticut foreclosures, and lapses in this step can halt proceedings or shift negotiating leverage.