In a foreclosure action, a judgment can enter which will provide that ownership (title) transfers to a mortgagee as of a particular date. (a homeowner loses ownership of his or her property)
In this situation, a defendant can file a Motion to Stay an execution of ejectment. The court has equitable powers to grant a stay, in appropriate circumstances. Washington Mutual Bank v. Turner. Case No. CV98 0263975.
A court will need to balance the hardships between the parties. Fellows v. Martin, 217 Conn 57 at 63, note 9 (1991).
However, in a situation in which title has vested in the mortgagee, it is vital to file the Motion and have it heard prior to an execution of the Ejection (having the Marshall come to the house and remove the defendant and the defendant’s belongings. )
A Judge will have broad discretion to determine if a Stay should be granted, and the extent of the Stay, the time period in which the Stay will apply.
If you have any questions concerning foreclosure, please feel free to contact
Attorney Robert M. Singer, 2572 Whtiney Avenue, Hamden, CT 06518