Connecticut Seal

Substitute House Bill No. 5341

Public Act No. 04-67

AN ACT CONCERNING THE VALIDATION OF MORTGAGE RELEASES.

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

Section 1. (NEW) (Effective July 1, 2004) (a) Notwithstanding the provisions of chapter 846 of the general statutes, a release of mortgage executed by any person other than an individual that is invalid because it is not issued or executed by, or fails to appear in the name of the record holder of the mortgage on one, two, three or four family residential real property located in the state of Connecticut including, but not limited to, a residential unit in any common interest community, as defined in section 47-202 of the general statutes, shall be as valid as if it had been issued or executed by, or appeared in the name of the record holder of such mortgage unless an action challenging the validity of the release is commenced and a notice of lis pendens is recorded in the land records of the town where the release is recorded within five years after the release is recorded, provided an affidavit is recorded in the land records where the mortgage was recorded which states the following:

(1) The affiant has been the record owner of the real property described in the mortgage for at least two years prior to the date of the affidavit;

(2) The recording information for the mortgage, any assignments and release;

(3) Since the date of the recording of the release, the affiant has received no demand for payment of all or any portion of the debt secured by said mortgage and has received no notice or communication that would indicate that all or any portion of the mortgage debt remains due or owing;

(4) To the best of the affiant's knowledge and belief, the mortgage has been paid in full.

(b) The provisions of subsection (a) of this section shall not apply to any release obtained by forgery or fraud.

Approved May 10, 2004