Sec. 49-9a. Validation of release of mortgage. Affidavit.
Sec. 49-9a. Validation of release of mortgage. Affidavit. (a) Notwithstanding
the provisions of this chapter, 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, 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.
(P.A. 04-67, S. 1.)
History: P.A. 04-67 effective July 1, 2004.