Sec. 47a-27. (Formerly Sec. 52-535). Summary process by assignee and mortgagee. - Connecticut Statutes

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Statutes > Connecticut > Title47a > Chap832 > Sec47a-27

      Sec. 47a-27. (Formerly Sec. 52-535). Summary process by assignee and mortgagee. The remedy provided by this chapter in favor of lessors shall extend to all persons deriving title from the lessor or lessee of any land, building, apartment or dwelling unit and to the mortgagee of any land, building, apartment or dwelling unit, after his title has become absolute by foreclosure, and to all persons deriving title from him, or from the mortgagor. On a complaint by the mortgagee or his assigns, it shall be sufficient for him to prove the mortgage and his title thereunder, the foreclosure and the failure to redeem, that notice to quit at or after the expiration of the time limited for redemption has been served on the defendant and that he is the mortgagor, or one holding under him, and holds possession after the expiration of the term specified in such notice, unless the defendant can show a superior title in himself.

      (1949 Rev., 8278; P.A. 77-451, S. 8.)

      History: Sec. 52-535 transferred to Sec. 47a-27 in 1977; P.A. 77-451 added references to dwelling units.

      Annotation to former Sec. 52-535:

      Grantee of leased premises succeeds to lessor's remedy for a forfeiture of the lease. 70 C. 357.

      Annotations to present section:

      If lease is subsequent to mortgage, foreclosure extinguishes lease and summary process is an appropriate remedy. 52 CA 37.

      Cited. 38 CS 70.

State Codes and Statutes

Statutes > Connecticut > Title47a > Chap832 > Sec47a-27

      Sec. 47a-27. (Formerly Sec. 52-535). Summary process by assignee and mortgagee. The remedy provided by this chapter in favor of lessors shall extend to all persons deriving title from the lessor or lessee of any land, building, apartment or dwelling unit and to the mortgagee of any land, building, apartment or dwelling unit, after his title has become absolute by foreclosure, and to all persons deriving title from him, or from the mortgagor. On a complaint by the mortgagee or his assigns, it shall be sufficient for him to prove the mortgage and his title thereunder, the foreclosure and the failure to redeem, that notice to quit at or after the expiration of the time limited for redemption has been served on the defendant and that he is the mortgagor, or one holding under him, and holds possession after the expiration of the term specified in such notice, unless the defendant can show a superior title in himself.

      (1949 Rev., 8278; P.A. 77-451, S. 8.)

      History: Sec. 52-535 transferred to Sec. 47a-27 in 1977; P.A. 77-451 added references to dwelling units.

      Annotation to former Sec. 52-535:

      Grantee of leased premises succeeds to lessor's remedy for a forfeiture of the lease. 70 C. 357.

      Annotations to present section:

      If lease is subsequent to mortgage, foreclosure extinguishes lease and summary process is an appropriate remedy. 52 CA 37.

      Cited. 38 CS 70.

State Codes and Statutes

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State Codes and Statutes

Statutes > Connecticut > Title47a > Chap832 > Sec47a-27

      Sec. 47a-27. (Formerly Sec. 52-535). Summary process by assignee and mortgagee. The remedy provided by this chapter in favor of lessors shall extend to all persons deriving title from the lessor or lessee of any land, building, apartment or dwelling unit and to the mortgagee of any land, building, apartment or dwelling unit, after his title has become absolute by foreclosure, and to all persons deriving title from him, or from the mortgagor. On a complaint by the mortgagee or his assigns, it shall be sufficient for him to prove the mortgage and his title thereunder, the foreclosure and the failure to redeem, that notice to quit at or after the expiration of the time limited for redemption has been served on the defendant and that he is the mortgagor, or one holding under him, and holds possession after the expiration of the term specified in such notice, unless the defendant can show a superior title in himself.

      (1949 Rev., 8278; P.A. 77-451, S. 8.)

      History: Sec. 52-535 transferred to Sec. 47a-27 in 1977; P.A. 77-451 added references to dwelling units.

      Annotation to former Sec. 52-535:

      Grantee of leased premises succeeds to lessor's remedy for a forfeiture of the lease. 70 C. 357.

      Annotations to present section:

      If lease is subsequent to mortgage, foreclosure extinguishes lease and summary process is an appropriate remedy. 52 CA 37.

      Cited. 38 CS 70.