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

Conn. Gen. Stat. § 49-7 (2026)

Agreements concerning expenses and attorneys' fees

✓ current as of May 2026
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Any agreement contained in a bill, note, trade acceptance or other evidence of indebtedness, whether negotiable or not, or in any mortgage, to pay costs, expenses or attorneys' fees, or any of them, incurred by the holder of that evidence of indebtedness or mortgage, in any proceeding for collection of the debt, or in any foreclosure of the mortgage, or in protecting or sustaining the lien of the mortgage, is valid, but shall be construed as an agreement for fair compensation rather than as a penalty, and the court may determine the amounts to be allowed for those expenses and attorneys' fees, even though the agreement may specify a larger sum.

(1949 Rev., S. 7193; P.A. 79-602, S. 67.)

History: P.A. 79-602 substituted “is” for “shall be” and “those”, “that” or “the” for “such” where appearing.

Cited. 120 C. 671. Imposition of attorneys' fee does not render note usurious as such fee is not interest within meaning of Sec. 37-4. 141 C. 301. Attorneys' fees properly awarded for defense of antitrust suit and in bankruptcy proceedings as well as for the foreclosure proceedings. 178 C. 640.

Cited. 1 CA 30.

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Notes of Decisions
Cited in 9 cases, 1979–2019 · leading case: City Sav. Bk of Bridgeport v. Miko, 467 A.2d 929 (Conn. App. Ct. 1983).
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City Sav. Bk of Bridgeport v. Miko, 467 A.2d 929 (Conn. App. Ct. 1983). · cites it 8× “General Statutes § 49-7, the defendants argue, applies only to foreclosure *36 proceedings.”
Mechanics Sav. Bank v. Tucker, 425 A.2d 124 (Conn. 1979). · cites it 5× “General Statutes §49-7 authorizes agreements contained in notes and mortgages to provide for the payment of attorney’s fees incurred not only in collection of the debt or foreclosure of the mortgage, but also “in protecting or sustaining the lien of such mortgage.”
Matter of Salisbury, 58 B.R. 635 (Bankr. D. Conn. 1985). · cites it 4× “Conn.Gen.Stat. § 49-7 states: Any agreement contained in a bill, note, trade acceptance or other evidence of indebtedness, whether negotiable or not, or in any mortgage, to pay costs, expenses or attorneys’ fees, or any of them, incurred by the holder of such evidence of…”
In Re Rubenstein, 105 B.R. 198 (Bankr. D. Conn. 1989). · cites it 2× “Connecticut General Statutes § 49-7 provides: Any agreement contained .”
Matter of Lagasse, 71 B.R. 551 (Bankr. D. Conn. 1987). · cites it 3× “Conn.Gen.Stat. § 49-7 governs attorney fees in foreclosure actions and provides as follows: Any agreement contained in .”
Traystman, Coric & Keramidas v. Daigle, 855 A.2d 996 (Conn. App. Ct. 2004). · cites it 2× “Daigle, promised to pay by signing the note, its interpretation of General Statutes § 49-7 and its understanding of the complexity of the defendant’s divorce case in determining the reasonableness of the fees.”
Robinson v. Olin Fed. Credit Union, 48 B.R. 732 (D. Conn. 1984). · cites it 2× “Connecticut statutes relating to such attorney’s fees provisions make clear that they are not to be construed as penalties, Conn.Gen. Stat. § 49-7, and that the attorney’s fees allowed shall be limited to 15% of the amount due and payable when the contract is actually referred…”
Ledyard v. WMS Gaming, Inc. (Conn. App. Ct. 2019). · cites it 7× “’’ General Statutes § 49-7. It is also significant that § 49-7 distinguishes between a direct action to collect the debt and an action collat- eral to the direct action.”
Ledyard v. WMS Gaming, Inc. (Conn. App. Ct. 2019). · cites it 7× “’’ General Statutes § 49-7. It is also significant that § 49-7 distinguishes between a direct action to collect the debt and an action collat- eral to the direct action.”
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.