defaulting on a mortgage in connecticut

UPDATED: Sep 30, 2022

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defaulting on a mortgage in connecticut

I own a home in south Carolina and one in Connecticut we cant sell. I’m trying a short sale on the Connecticut home with no help from the mortgage company. I just want to return the deed to them and do a strategic default. I believe Connecticut law allows me to do this with no repercussions from the mortgage company. They say they won’t take it unless we go through the short sale process. Should I just send it to them anyway.


Asked on December 19, 2016 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, CT allows what is known as "deficiency judgments." That means that the mortgagee/lender has the right to come after you for any remaining balance after the home is foreclosed upon and sold at auction. E.g. say you have $300k left in principal on the loan, and after foreclosure, the home sells at auction for $195k, with $10k in costs of sale--the lender can then go after you for the remaining $95k. That's not to say they will, but they can: you don't have the right to give the home to the bank and walk way, unless the bank itself agrees to this (to accept the home as satisfaction in full of your debt).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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