Fleet Bank, N.A. v. Holmes, No. Cv-91-0399662s (Jan. 27, 1992)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MEMORANDUM OF DECISION In this foreclosure proceeding the defendant homeowner moved for permission to file a late application for protection from foreclosure under 49-31 (e) of the General Statutes.

Section 49-31d et seq. creates a right in homeowners, who meet certain requirements, to apply to the court to restructure a mortgage debt and to stay the foreclosure action during the restructuring period. Section 49-31e(a) requires the lender to give notice of the availability of the provisions or 49-31d to49-31i…