Motion to Extend Law Day: How to Delay Strict Foreclosure in CT

When a Connecticut judge orders a Strict Foreclosure on your home, they assign a specific date known as 'Law Day.' This is the absolute final deadline. If you do not pay off the total debt by this exact date, ownership of your home in Danbury, Hartford, or Norwalk automatically transfers to your mortgage lender the very next day. However, if you are actively working on a solution to save your home or sell it, the court does not expect you to give up immediately. You can file a Motion to Extend Law Day to buy yourself the time you need.

Understanding the legal threshold for extending a Law Day is your final lifeline in the foreclosure process. Governed by C.G.S. § 49-15, this procedure is highly time-sensitive and requires solid legal proof to succeed. Judges do not grant extensions simply because a homeowner needs more time to pack. If your Law Day is approaching rapidly, locating a fast-acting defense attorney in our US Lawyer directory is essential to filing the correct emergency motions.

Understanding 'Law Day' in Connecticut

In a strict foreclosure, there is no public auction. The Law Day is the final opportunity in your 'equity of redemption.' Generally, Law Days are set 21 to 90 days from the date the judge approves the foreclosure judgment. If there are other lienholders on the property (like a second mortgage or a tax lien), they will be assigned subsequent Law Days. If the homeowner does not act on the first Law Day, the next lienholder gets a chance. Once all Law Days pass, title vests completely with the foreclosing bank.

Step-by-Step Process: Filing a Motion to Extend Law Day

You cannot simply call the bank and ask for an extension. You must formally petition the court that issued the judgment.

Step 1: Filing Emergency Motions

To request more time, you or your attorney must file a formal Motion to Open Judgment using Form JD-CV-107, Connecticut, Connecticut Judicial Branch, Motion to Open Judgment (Civil Matters Other Than Small Claims and Housing Matters), or an individualized motion drafted pursuant to C.G.S. § 49-15 and Connecticut Practice Book § 17-4, with the clerk at the relevant location, such as the Fairfield Judicial District Superior Court, Bridgeport. Because time is of the essence, this is often filed as an emergency motion alongside a request for an expedited hearing. The motion asks the judge to open the strict foreclosure judgment to set a new, extended Law Day.

Step 2: Proving 'Good Cause' to the Judge

Under Connecticut law, a judge will only grant an extension if you demonstrate 'good cause.' This means providing tangible evidence that an extension will result in a concrete resolution to the debt. Simply saying you are looking for a new job is rarely enough. You must arrive at the hearing with documentary evidence. If the bank's attorney objects to your extension, your evidence is the only thing that will sway the judge in your favor.

Step 3: The Absolute Deadline to File

This is the most critical rule in Connecticut foreclosure law: The motion must be filed, and ideally heard by the judge, before your Law Day expires. Once the sun sets on your Law Day, your legal interest in the property is extinguished entirely, and under C.G.S. § 49-15, as affirmed in Farmers & Mechanics Savings Bank v. Sullivan, 216 Conn. 341 (CT Supreme Court 1990), no court in the state has legal jurisdiction to reopen the judgment or return the home to you. It is highly recommended to file this motion at least a week or two before the deadline.

Specific Scenarios for 'Good Cause'

Courts frequently grant extensions if you can present one of the following scenarios backed by documentation.

Waiting for a Loan Modification Approval

If you have submitted a complete loan modification application to the lender and they are still reviewing it, the judge will usually extend the Law Day. You will need to show the judge emails, letters from the bank, or proof of submission to prove the review is actively pending.

Finalizing a Short Sale or Traditional Sale

If you have found a buyer for your home, the court wants to see the sale go through rather than foreclosing. To prove good cause, you must provide the judge with a fully executed Purchase and Sale Agreement, proof of the buyer's mortgage pre-approval or cash funds, and an estimated closing date.

Waiting on Probate Clearance

If the homeowner passed away and the property is tied up in the Hartford Probate Court, Hartford system, the civil judge will often extend the Law Day to give the Executor time to sell the property or refinance the mortgage, provided there is an active effort to resolve the estate.

How Much Does it Cost?

Delaying a Law Day requires minimal court fees but can involve legal expenses.

• Court Filing Fee: Filing a Motion to Open Judgment in Connecticut generally requires a filing fee of $130 under C.G.S. § 52-259c(a), though this can be waived if you file a fee waiver application (Form JD-CV-120, Connecticut, Connecticut Judicial Branch, Application for Waiver of Fees/Payment of Costs) due to indigency.
• Attorney Fees: Hiring an attorney solely to draft and argue an emergency Motion to Extend Law Day usually involves a flat fee ranging from $750 to $2,000, depending on how quickly the paperwork must be assembled.

How Long Does the Extension Last?

Judges do not grant indefinite extensions. Depending on your good cause, the judge will typically extend the Law Day by 30 to 60 days. For example, if you have a real estate closing scheduled in 4 weeks, the judge will likely set the new Law Day for 5 or 6 weeks out. If that time expires and you need more, you must file a second motion and prove why the delay occurred.

Frequently Asked Questions (FAQ)