When the court in any such proceeding is of the opinion that a foreclosure by sale should be decreed, it shall, in its decree, appoint a person to make the sale and fix a day therefor, and shall direct whether the property shall be sold as a whole or in parcels, and how the sale shall be made and advertised; but, in all cases in which such sale is ordered, the court shall appoint one disinterested appraiser who shall, under oath, appraise the property to be sold and make return of the appraisal to the clerk of the court. Upon motion of the owner of the equity of redemption, the court shall appoint a second appraiser in its decree. If the plaintiff is the purchaser at sale, or if the property is redeemed at any time prior to the approval of the sale, or if for any reason the sale does not take place, the expense of the sale and appraisal or appraisals shall be paid by the plaintiff and be taxed with the costs of the case. If, after judgment has been rendered, the amount found to be due and for which foreclosure is decreed, together with the interest and the costs, is paid to the plaintiff before the sale, all further proceedings in the suit shall be stayed.
(1949 Rev., S. 7206; P.A. 79-602, S. 82; P.A. 91-50.)
History: P.A. 79-602 substituted “the” for “such” where appearing; P.A. 91-50 changed requirement of appointment of three appraisers to appointment of one appraiser and deleted language concerning acceptance by court of amount agreed upon by majority if lack of agreement by appraisers and substituted “Upon motion of the owner of the equity of redemption, the court shall appoint a second appraiser in its decree. If the plaintiff is the purchaser at sale, or if the property is redeemed at any time prior to the approval of the sale, or if for any reason the sale does not take place ...”.
Appraisal upon a foreclosure by sale not conclusive as to value of property. 128 C. 694. Cited. 153 C. 269, 274; 157 C. 594; 189 C. 490; 220 C. 643; 222 C. 784; 227 C. 270; 241 C. 269. Statute recognizes that foreclosed property may be redeemed at any time prior to confirmation of the sale by the trial court; judgment of Appellate Court in 42 CA 330 reversed. Id., 734. Conduct of judicial sale. 252 C. 623.
“Of such sale” not limited to ratified sales. 13 CA 239. Cited. 20 CA 638; 21 CA 275; 22 CA 396; 27 CA 549; 36 CA 313. Trial court is not bound to accept appraised value but may use the appraisal to assist in the exercise of its discretion in accepting or rejecting proposed sale. 75 CA 355. Statute does not permit court to order defendant to pay expenses of the sale. 80 CA 399. Court did not err in confirming foreclosure by sale without conducting evidentiary hearing because, although court may grant an evidentiary hearing upon request, defendant did not request such a hearing properly. 95 CA 279.
Notes of Decisions
Cited in
40
cases (
1 in the last 5 years), 1965–2025 · leading case:
Ne. Sav. v. Hintlian, 696 A.2d 315 (Conn. 1997).
Ne. Sav. v. Hintlian, 696 A.2d 315 (Conn. 1997).
· cites it 26× “The sole issue raised by this appeal is whether General Statutes § 49-25, 1 which establishes *271 procedures relative to the appraisal of property for which a judgment of foreclosure by sale has been rendered, violates the due process clauses of the federal and state…”
Town of Voluntown v. Rytman, 573 A.2d 336 (Conn. App. Ct. 1990).
· cites it 12× “In addition, the court found that the value of the property was $800,000, 3 appointed a committee and three appraisers; see General Statutes § 49-25; and ordered that the sale be made on June 10, 1989, at 12 noon.”
New England Sav. Bank v. Lopez, 630 A.2d 1010 (Conn. 1993).
· cites it 11× “) Subsequently, the appraisers filed their returns of appraisals of the property pursuant to General Statutes § 49-25. See footnote 5.”
Hartford Fed. Sayings & Loan Ass'n v. Tucker, 536 A.2d 962 (Conn. App. Ct. 1988).
· cites it 12× “General Statutes § 49-25 provides, in relevant part, that “the expense of the sale and appraisal shall be paid by the plaintiff and be taxed with costs of the case.”
Dime Sav. Bank of New York v. Grisel, 650 A.2d 1246 (Conn. App. Ct. 1994).
· cites it 14× “1 The plain *315 tiff alleges that the trial court acted improperly by failing (1) to follow the mandates of General Statutes § 49-25, 2 (2) to find the actions of the committee of sale improper in its refusal to reopen the bidding process, and (3) to disapprove of the…”
Jacqueline Props., LLC v. Gartrell, 919 A.2d 1059 (Conn. App. Ct. 2007).
· cites it 16× “1 The defendant claims on appeal that the court improperly confirmed the sales without the return of appraisals mandated by General Statutes § 49-25. 2 We affirm the judgments of the trial court.”
City of Norwalk v. Farrell, 835 A.2d 117 (Conn. App. Ct. 2003).
· cites it 10× “On December 6, 2000, the committee filed a motion, requesting the court to order the plaintiff to pay the committee’s fees pursuant to General Statutes § 49-25, which the court granted on December 18, 2000.”
Ridgefield Bank v. Stones Trail, LLC, 898 A.2d 816 (Conn. App. Ct. 2006).
· cites it 10× “The elements of a judgment of foreclosure by sale are mandated by General Statutes § 49-25, 5 *284 which requires, inter alia, that the court appoint “one disinterested appraiser who shall, under oath, appraise the property to be sold and make return of the appraisal to the…”
Wells Fargo Bank of Minnesota, N.A. v. Morgan, 909 A.2d 526 (Conn. App. Ct. 2006).
· cites it 4× “The court set a sale date of March 5, 2005, ordered the appointment of a committee to make the sale, and issued further orders in accordance with General Statutes § 49-25. 3 On March 5, 2005, the committee held an auction to sell the subject property.”
BayBank Connecticut, N.A. v. Thumlert, 610 A.2d 658 (Conn. 1992).
· cites it 4× “” Also named as defendants in the plaintiffs action were Gloria A. Thumlert, United Bank and Trust Company, Landmark Bank, Community National Bank, Thompson Landscape Improvement, Inc.”
Lombard v. Edward J. Peters, Jr., P.C., 749 A.2d 630 (Conn. 2000).
· cites it 2× “See General Statutes § 49-25. This, of course, may include advertising the sale, erecting a sign on the property, identifying the property, conducting the sale and ultimately presenting a report to the court whose approval is required and will cure the process of any defects or…”
First Nat'l Bank of Chicago v. Maynard, 815 A.2d 1244 (Conn. App. Ct. 2003).
· cites it 4× “In the present case, the plaintiff relies on the preliminary appraisal completed by the court-appointed appraiser pursuant to General Statutes § 49-25. 7 This appraisal estimated the value of the property to be $200,000, pursuant to a diive-by inspection.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.