Sec. 52-380i. (Formerly Sec. 49-48). Foreclosure of lien when plaintiff holds mortgage. - Connecticut Statutes

      Sec. 52-380i. (Formerly Sec. 49-48). Foreclosure of lien when plaintiff holds mortgage. Upon proceedings for the foreclosure of any judgment lien, when the judgment creditor holds a mortgage upon real estate in this state as security for the debt, or any part of it, that has gone into the judgment, which mortgage is a first charge upon the property mortgaged, the court shall, upon the motion of the judgment debtor or any later encumbrancer on the property covered by the judgment lien, order such mortgaged property to be first applied to the debt secured by it, at its cash value, to be ascertained by the court; and a foreclosure of the judgment lien shall be granted only as to the portion of such judgment that remains unsatisfied.

      (1949 Rev., S. 7229.)

      History: Sec. 49-48 transferred to Sec. 52-380i in 1985.

      Annotations to former section 49-48:

      Unpaid taxes not a "first charge" within meaning of statute. 112 C. 652. Cited. 120 C. 671. Where plaintiff brought action to recover principal and interest of notes secured by mortgage but did not seek to foreclose, this section did not apply and contention of defendants that cash value of mortgaged premises must be determined by court and applied to amount of indebtedness was without merit. 157 C. 44. Cited. 185 C. 579.