Sec. 49-13a. Undischarged mortgage invalid as further lien. Time periods. Tolling of time period by recording notice.
Sec. 49-13a. Undischarged mortgage invalid as further lien. Time periods.
Tolling of time period by recording notice. (a) When record title to real property
remains encumbered by any undischarged mortgage, and the mortgagor or those owning
the mortgagor's interest therein have been in undisturbed possession of the property for
at least twenty years after the expiration of the time limited in the mortgage for the full
performance of the conditions thereof, or for at least forty years from the recording of
the mortgage if the mortgage does not disclose the time when the note or indebtedness
is payable or the time for full performance of the conditions of the mortgage, unless a
notice is recorded pursuant to subsection (b) of this section, the mortgage shall be invalid
as a further lien against the real property, provided an affidavit, subscribed and sworn
to by the party in possession, stating the fact of such possession, is recorded on the land
records of the town in which the property is situated.
(b) The record holder of an undischarged mortgage on real property may, prior to
the expiration of the applicable time period specified in subsection (a) of this section,
record a notice, on the land records of the town in which the property is situated, that
contains: (1) The name or names of the mortgagors; (2) the recording information for
the mortgage and any assignment of the mortgage; and (3) a statement of the reasons
why the mortgage is valid and effective. Upon the recording of such notice in accordance
with this subsection, the applicable time period after which the mortgage shall be invalid
as a further lien against the real property as provided in subsection (a) of this section
shall be tolled for a period of ten years from the recording of such notice. Any such
notice shall be indexed in the grantor's index under the name or names of the mortgagors
and in the grantee's index under the name of the record holder of the mortgage.
(1969, P.A. 595, S. 3; P.A. 79-602, S. 73; P.A. 95-102, S. 5; P.A. 06-156, S. 4.)
History: P.A. 79-602 substituted "the" for "such" where appearing; P.A. 95-102 required 40 rather than 60 years of
undisturbed possession and deleted reference to "presumed" invalidity of mortgage; P.A. 06-156 designated existing
provisions as Subsec. (a) and amended same by replacing 40 years with 20 years re expiration of time limited in mortgage
for full performance, adding provision re 40-year time period if mortgage does not disclose time payable or for full
performance, inserting provision re notice recorded pursuant to Subsec. (b) and making technical changes, and added
Subsec. (b) re tolling of applicable time period by recording notice.