(a) In any action to foreclose a mortgage where no defense as to the amount of the mortgage debt is interposed, such debt may be proved by presenting to the judicial authority the original note and mortgage, together with the affidavit of the plaintiff or other person familiar with the indebtedness, stating what amount, including interest to the date of the hearing, is due, and that there is no setoff or counterclaim thereto.
Section 23-18.—Proof of Debt in Foreclosures
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis rule lets a foreclosure plaintiff prove an undisputed mortgage debt by affidavit and the original note and mortgage, and requires a preliminary statement of the plaintiff's monetary claim at least five days before the judgment hearing.
Full Text of Section 23-18
(b) No less than five days before the hearing on the motion for judgment of foreclosure, the plaintiff shall file with the clerk of the court and serve on each appearing party, in accordance with Sections 10-12 through 10-17, a preliminary statement of the plaintiff’s monetary claim.
Amendment History
(P.B. 1978-1997, Sec. 527.)
Plain-English Summary
When no defendant contests the amount owed on a mortgage, the plaintiff does not need a full evidentiary hearing to prove the debt. This rule allows the plaintiff to prove the debt by presenting the original note and mortgage to the judicial authority along with an affidavit — from the plaintiff or someone else familiar with the debt — stating the amount due, including interest through the hearing date, and confirming there is no setoff or counterclaim against it.
Separately, the rule imposes a filing and service deadline: no less than five days before the hearing on the motion for judgment of foreclosure, the plaintiff must file with the clerk and serve on each appearing party, under Sections 10-12 through 10-17, a preliminary statement of the plaintiff's monetary claim.
Frequently Asked Questions
How can a plaintiff prove the mortgage debt without a contested hearing?
By presenting the original note and mortgage along with an affidavit, from the plaintiff or someone familiar with the debt, stating the amount due through the hearing date and confirming there is no setoff or counterclaim.
Does this proof-by-affidavit procedure apply if the debt amount is disputed?
No. It applies only in actions where no defense as to the amount of the mortgage debt is interposed.
When must the plaintiff file the preliminary statement of the claim?
No less than five days before the hearing on the motion for judgment of foreclosure.
Who must receive the preliminary statement of the plaintiff's claim?
Each appearing party must be served, in accordance with Sections 10-12 through 10-17, and the statement must also be filed with the clerk of the court.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-18). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: proof of debt foreclosure hearingmortgage debt affidavit Connecticutpreliminary statement monetary claim foreclosureundisputed foreclosure debt proofCT foreclosure affidavit procedure