Sec. 49-8. Release of satisfied or partially satisfied mortgage or ineffective attachment, lis pendens or lien. Damages.
Sec. 49-8. Release of satisfied or partially satisfied mortgage or ineffective attachment, lis pendens or lien. Damages. (a) The mortgagee or a person authorized by
law to release the mortgage shall execute and deliver a release to the extent of the
satisfaction tendered before or against receipt of the release: (1) Upon the satisfaction
of the mortgage; (2) upon a bona fide offer to satisfy the mortgage in accordance with
the terms of the mortgage deed upon the execution of a release; (3) when the parties in
interest have agreed in writing to a partial release of the mortgage where that part of the
property securing the partially satisfied mortgage is sufficiently definite and certain; or
(4) when the mortgagor has made a bona fide offer in accordance with the terms of the
mortgage deed for such partial satisfaction on the execution of such partial release.
(b) The plaintiff or the plaintiff's attorney shall execute and deliver a release when
an attachment has become of no effect pursuant to section 52-322 or section 52-324 or
when a lis pendens or other lien has become of no effect pursuant to section 52-326.
(c) The mortgagee or plaintiff or the plaintiff's attorney, as the case may be, shall
execute and deliver a release within sixty days from the date a written request for a
release of such encumbrance (1) was sent to such mortgagee, plaintiff or plaintiff's
attorney at the person's last-known address by registered or certified mail, postage prepaid, return receipt requested, or (2) was received by such mortgagee, plaintiff or plaintiff's attorney from a private messenger or courier service or through any means of
communication, including electronic communication, reasonably calculated to give the
person the written request or a copy of it. The mortgagee or plaintiff shall be liable for
damages to any person aggrieved at the rate of two hundred dollars for each week after
the expiration of such sixty days up to a maximum of five thousand dollars or in an
amount equal to the loss sustained by such aggrieved person as a result of the failure of
the mortgagee or plaintiff or the plaintiff's attorney to execute and deliver a release,
whichever is greater, plus costs and reasonable attorney's fees.
(1949 Rev., S. 7112; 1963, P.A. 590, S. 1; 1969, P.A. 595, S. 1; P.A. 79-10; 79-602, S. 68; P.A. 89-347, S. 18; P.A.
93-147; P.A. 95-102, S. 1; P.A. 03-19, S. 111.)
History: 1963 act applied provisions with respect to bona fide offers to satisfy mortgage wholly or partially upon
execution of release or partial release and with respect to agreements for partial release; 1969 act applied provisions when
an attachment has become of no effect pursuant to Sec. 52-322 or 52-324 and when lis pendens or other lien has become
of no effect, required that request be sent to last-known address by registered or certified mail, postage prepaid and return
receipt requested, and raised fine from $5 to $50 per week, imposing ceiling of $1,000; P.A. 79-10 raised fine to $100 per
week, raised dollar amount of ceiling to $5,000 and provided for maximum payment of amount equal to loss sustained
because of failure to execute and deliver release, if that amount is greater; P.A. 79-602 divided section into Subsecs. and
restated provisions but made no substantive changes; P.A. 89-347 amended Subsec. (c) by increasing liability from $100
to $200 per week for failure to provide a release and removed the $5,000 ceiling; P.A. 93-147 amended Subsec. (c) to
allow written request for release to be conveyed, carried or delivered by a private messenger or courier; P.A. 95-102 revised
wording of Subsec. (c), changed time for release from 30 to 60 days and imposed maximum fine of $5,000 plus costs and
reasonable attorney's fees; P.A. 03-19 made technical changes in Subsecs. (a) and (c), effective May 12, 2003.
Tender of expense held excused. 76 C. 705. No tender or offer of release need be made until debt is paid. 93 C. 495.
When mortgagor pays he is entitled to a release but not to an assignment. 95 C. 586. Cited. 122 C. 27. Cited. 162 C. 31.
Section provided new, affirmative remedy and contains no express or implied intention to abrogate or supersede common-law remedy. Section provides additional, but not exclusive, remedy. 172 C. 152. Cited. 196 C. 172. Cited. 223 C. 419. A
breach of section's provisions is tortious in nature and not contractual and therefore the three-year statute of limitations
set forth in Sec. 52-577 is applicable. 284 C. 193.
Cited. 18 CA 313. Action founded on section sounds in tort. 94 CA 593.
This section must be construed as expressly limiting the mortgagor to total damages of one thousand dollars in suit for
damages for refusal to give a partial release of mortgage. 33 CS 41. Cited. 41 CS 130.
Subsec. (c):
Damages provision set forth in Subsec. is not akin to a liquidated damages clause but instead more analogous to a
penalty provision. 284 C. 193.
Maximum amount under statute cannot be multiplied where more than one aggrieved party. 49 CS 43.