Conn. Gen. Stat. » Title 49 — MORTGAGES AND LIENS · Chapter 846 — Mortgages
Connecticut General Statutes

Conn. Gen. Stat. § 49-31 (2026)

Actions against the state

✓ current as of May 2026
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In any action to foreclose a mortgage or lien on any land in which the state, or any officer or agent thereof, claims to have an interest subordinate to that of the party seeking the foreclosure, the state, or such officer or agent, as the case may be, may be made a party defendant, and such interest may be foreclosed in the same manner and with the same effect as if such interest were held by an individual, except that no judgment may be rendered against the state or any officer or agent for money or costs of suit.

(1949 Rev., S. 7212.)

Cited. 206 C. 484. Section does not waive sovereign immunity so as to permit foreclosure of state-owned real property; term “interest” should be construed narrowly so as not to include the state's ownership interest in real property because to conclude otherwise would lead to the unreasonable and bizarre result of the state losing title and possession of state-owned properties critical to the administration of state government, contrary to the fundamental public policy that underlies the principle of sovereign immunity. 273 C. 287.

Cited. 11 CA 53.

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Notes of Decisions
Cited in 11 cases, 1987–2019 · leading case: First Union Nat'l Bank v. Hi Ho Mall Shopping Ventures, Inc., 869 A.2d 1193 (Conn. 2005).
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First Union Nat'l Bank v. Hi Ho Mall Shopping Ventures, Inc., 869 A.2d 1193 (Conn. 2005). · cites it 26× “The state appeals from the trial court’s denial of its motion to dismiss, in which it claimed that General Statutes § 49-31 2 does not waive sovereign immunity so as to permit the foreclosure of the state’s ownership of real property.”
U.S. Bank Nat'l Assn. v. Blowers, 212 A.3d 226 (Conn. 2019). · cites it 8× “17 See General Statutes §§ 49-31 l and 49-31n. This statutory obligation provides an incentive for the parties to negotiate prior to the filing of a foreclosure action, as do ordinary financial incentives.”
Martino v. Scalzo, 966 A.2d 339 (Conn. App. Ct. 2009). · cites it 4× “In addition, § 49-31 (b) does not exist and § 49-31 refers to actions against the state.”
Town of Wallingford v. Werbiski, 877 A.2d 749 (Conn. 2005). · cites it 4× “2d 1193 (rejecting construction of General Statutes § 49-31 that would "permit foreclosure of liens against state owned properties" because that construction would result in "the state's loss of title and possession of state owned properties that are critical to the…”
Fid. Trust Co. v. Irick, 525 A.2d 551 (Conn. App. Ct. 1987). · cites it 10× “*57 The state’s argument also runs directly counter to General Statutes § 49-31 which provides: “In any action to foreclose a mortgage or lien on any land in which the state, or any officer or agent thereof, claims to have an interest subordinate to that of the party seeking the…”
Fid. Trust Co. v. Irick, 538 A.2d 1027 (Conn. 1988). · cites it 2× “The bank argues to the contrary that notwithstanding the state’s lack of financial resources for redeeming the property, the court is precluded from according the state any preferential treatment under General Statutes § 49-31. 3 We find it unnecessary to consider these…”
Bayview Loan Servicing, LLC v. Park City Sports, LLC, 184 A.3d 1277 (Conn. App. Ct. 2018). · cites it 2× “See General Statutes § 49-31 l (b) (2) ("a mortgagor may request foreclosure mediation by submitting the foreclosure mediation request form to the court and filing an appearance not more than fifteen days after the return date for the foreclosure action " [emphasis added] ).”
GMAC Mortg. Corp. v. Glenn, 931 A.2d 290 (Conn. App. Ct. 2007). · cites it 2× “On appeal, the defendant claims that the court (1) improperly denied his application for protection from foreclosure pursuant to General Statutes § 49-31 f 2 and (2) denied him due process of law.”
U.S. Bank, N.A., Tr. v. Morawska, 139 A.3d 747 (Conn. App. Ct. 2016). · cites it 4× “Section 49-31 l (c)(5) provides in relevant part that "the court may refer a foreclosure action brought by a mortgagee to the foreclosure mediation program at any *426 time, for good cause shown.”
Christiana Trust v. Lewis, 195 A.3d 1176 (Conn. App. Ct. 2018). · cites it 5× “" General Statutes § 49-31 l (c) (8). Simply put, holding participation in the foreclosure mediation program against a mortgagor by restricting his or her ability to contest the validity of the mortgage would run afoul of the plain language of § 49-31 l (c) (8) and would…”
Sav. Inst. v. Wagner, 626 A.2d 1346 (Conn. App. Ct. 1993). · cites it 2× “We have carefully reviewed the record and briefs in this matter and find that the trial court properly applied General Statutes § 49-31 (f) when it determined that the defendants are ineligible for protection from foreclosure.”
— Conn. Gen. Stat. § 49-31(b) — 1 case
Martino v. Scalzo, 966 A.2d 339 (Conn. App. Ct. 2009). “In addition, § 49-31 (b) does not exist and § 49-31 refers to actions against the state.”
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