Sec. 17b-125. (Formerly Sec. 17-280). Eligibility for town relief of owner of real property.
Sec. 17b-125. (Formerly Sec. 17-280). Eligibility for town relief of owner of
real property. (a) No resident of a town shall be deemed to be ineligible to receive
relief from such town by reason of having an interest in real property, provided such
real property (1) is maintained as such resident's primary home or (2) would not be
counted in determining eligibility for assistance under the state supplement program,
medical assistance program, temporary family assistance program or food stamps program, and provided such resident shall deliver to such town, through its board of selectmen, an agreement executed and acknowledged in the form and manner required for
the transfer of an interest in real property to reimburse such town for all amounts so
paid to such resident or expended by such town on his behalf for maintenance, care or
support, with interest at the rate of four per cent per annum. Such agreement shall describe by metes and bounds, and by street number and lot number, if any, the real property
in which such beneficiary has an interest and shall be recorded in the land records of
the town or towns in which such real property is located, and shall constitute a lien on
such real property which may, at any time during which such amounts remain unpaid,
be foreclosed in an action brought by such town in a court of competent jurisdiction, and
such lien shall have precedence over all subsequently recorded encumbrances, except tax
liens or other municipal liens of such towns. Such lien shall be released by such town
by its board of selectmen upon payment of the amount, plus interest, by it secured. The
board of selectmen of such town is authorized to adjust, remit or cancel, in whole or in
part, any interest accruing under such lien, provided such procedure shall be deemed
necessary and beneficial to such town by such selectmen and shall be so voted at a
meeting of such selectmen and a record of such vote entered in the minutes of the
meetings of such board. Such board of selectmen is also authorized to release such lien
without payment of the amount secured thereby, in whole or in part, provided such
procedure shall be deemed necessary and beneficial to the town by such selectmen and
shall be so voted at a meeting of such selectmen and a record of such vote entered in
the minutes of the meetings of such board. Upon the sale, after foreclosure, of such real
estate, or any part thereof, and after complete satisfaction to such town of the amount
secured by such lien, plus interest, together with all costs and expenses, any balance
remaining shall be paid over by such selectmen to such resident or, if he is deceased,
to his estate. The board of selectmen of such town is authorized to execute, in behalf of
the town, all releases, deeds and other instruments necessary to carry out the provisions
of this section. Upon written request therefor, the selectmen shall forthwith issue to the
applicant a statement of the amount due to be paid to cancel such lien. No such lien
shall be valid and enforceable after the expiration of forty years from the date it was
recorded.
(b) Any lien created pursuant to the provisions of subsection (a) of this section
after October 1, 1964, shall continue to be valid and enforceable notwithstanding the
expiration of fifteen years from the date it was recorded.
(1949 Rev., S. 2591; 1957, P.A. 161; P.A. 79-26; May Sp. Sess. P.A. 92-16, S. 10, 89; P.A. 93-418, S. 10, 41; June 18
Sp. Sess. P.A. 97-2, S. 58, 165.)
History: P.A. 79-26 raised limitation on lien's validity from 15 to 40 years and added Subsec. (b); May Sp. Sess. P.A.
92-16 added Subsec. (a)(1) and (2) re limitations on eligibility of person having an interest in real property; P.A. 93-418
made a technical correction, effective July 1, 1993; Sec. 17-280 transferred to Sec. 17b-125 in 1995; June 18 Sp. Sess.
P.A. 97-2 made technical changes, effective July 1, 1997.