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House Bill No. 5258

Public Act No. 03-74

AN ACT CONCERNING PETITIONS FOR DISCHARGE OF MORTGAGES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 49-13 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) When the record title to real property is encumbered (1) by any undischarged mortgage, and (A) the mortgagor or those owning the mortgagor's interest therein have been in undisturbed possession of the property for at least six years after the expiration of the time limited in the mortgage for the full performance of the conditions thereof, and for six years next preceding the commencement of any action under this section, or (B) [when] the promissory note or other written evidence of the indebtedness secured by the mortgage is payable on demand and seventeen years have passed without any payment on account of such note or other written evidence of indebtedness, or (C) [when] the mortgage does not disclose the time when the note or indebtedness is payable or disclose the time for full performance of the conditions of the mortgage and [seventeen] ten years have passed without any payment on account of the promissory note or other written evidence of indebtedness, or (D) [when] the note or evidence of indebtedness has been paid or a bona fide offer and tender of the payment has been made pursuant to section 49-8, or (E) [when] the mortgage has become invalid, and in any of such cases no release of the encumbrance to secure such note or evidence of indebtedness has been given, or (2) by a foreclosed mortgage and the mortgagor has made a bona fide offer and tender of payment of the foreclosure judgment on or before the mortgagor's law day and the mortgagee has refused to accept payment, or (3) by an attachment, lis pendens or other lien which has become of no effect, the person owning the property, or the equity in the property, may bring a petition to the superior court [within] for the judicial district in which the property is situated, setting forth the facts and claiming a judgment as [hereinafter] provided in this section. The plaintiff may also claim in the petition damages as set forth in section 49-8 [,] if the plaintiff is aggrieved by the failure of the defendant to execute the release [therein] prescribed in said section.

Approved June 3, 2003