Sec. 52-380a. Judgment lien on real property.
Sec. 52-380a. Judgment lien on real property. (a) A judgment lien, securing the
unpaid amount of any money judgment, including interest and costs, may be placed on
any real property by recording, in the town clerk's office in the town where the real
property lies, a judgment lien certificate, signed by the judgment creditor or his attorney
or personal representative, containing: (1) A statement of the names and last-known
addresses of the judgment creditor and judgment debtor, the court in which and the date
on which the judgment was rendered, and the original amount of the money judgment
and the amount due thereon; and (2) a description, which need not be by metes and
bounds, of the real property on which a lien is to be placed, and a statement that the lien
has been placed on such property.
(b) From the time of the recording of the judgment lien certificate, the money judgment shall be a lien on the judgment debtor's interest in the real property described. If,
within four months of judgment, the lien is placed on real property which was previously
attached in the action, the lien on that property shall hold from the date of attachment,
provided the judgment lien certificate contains a clause referring to and identifying the
attachment, substantially in the following form: "This lien is filed within four months
after judgment in the action was rendered and relates back to an attachment of real
property recorded on (month) (day) (year), at Volume Page of the land
records."
(c) A judgment lien on real property may be foreclosed or redeemed in the same
manner as mortgages on the same property. In the case of a consumer judgment, the
complaint shall indicate whether, pursuant to an installment payment order under subsection (b) of section 52-356d, the court has entered a stay of execution and, if such a
stay was entered, shall allege any default on an installment payment order which is a
precondition to foreclosure. No action to foreclose a judgment lien filed pursuant to this
section may be commenced unless an execution may issue pursuant to section 52-356a.
The judgment lien shall expire twenty years after the judgment was rendered unless the
party claiming the lien commences an action to foreclose it within that period of time
and records a notice of lis pendens in evidence thereof on the land records of the town
in which the real property is located.
(P.A. 83-581, S. 14, 40; P.A. 84-527, S. 10.)
History: P.A. 84-527 amended Subsec. (c) to require the complaint in the case of a consumer judgment to indicate
whether pursuant to an installment payment order the court has entered a stay of execution and to prohibit the commencement
of an action to foreclose a judgment lien unless an execution may issue pursuant to Sec. 52-356a.
Annotations to former section 49-44:
Judgment lien is not dissolved by insolvency proceedings. 47 C. 408. Nonsuit, set aside at same term, does not dissolve
attachment. 52 C. 17. Where judgment exceeded amount attached, judgment lien on land attached cannot be foreclosed
for sum greater than the attachment. Id. Creditor having mortgage on one parcel of real estate and a judgment lien on
another for the same debt may foreclose both together. 54 C. 101. Creditor of deceased debtor cannot, upon a judgment
against the administrator, put a judgment lien on land of the estate. 55 C. 130. A judgment lien is a mortgage, and the lienor
has all the rights of a mortgagee. 60 C. 343. Validity of judgment lien not affected by the fact that when it was filed there
was a stay of execution on the judgment. 61 C. 235. Superfluous signatures do not invalidate certificate. 75 C. 153. Liens
are creatures of statutes; none lies in action where money damages not sought. Id., 191. Four months' period begins to run
from date of judgment in trial court; appeal proceedings do not extend time. 103 C. 736. Error in certificate in describing
court did not make attachment invalid. 114 C. 83. This rule qualified in determining status of parties to partition suit. 133
C. 429. Cited. 137 C. 94. Cited. 140 C. 464. Interest of joint tenant with right of survivorship can be attached and taken
on execution. 145 C. 332. Failure to state rate of interest in mortgage deed does not result in failure to meet requirement
of notice of nature and amount of encumbrance thereby giving judgment lien priority. 151 C. 388. See section 37-1. Cited.
166 C. 195. Cited. 168 C. 43.
Nature of a judgment lien. It is not an instrument susceptible of reformation upon the prayer of the creditor; by it he
gives up nothing. Equity will not reform an instrument created solely by statute. 3 CS 249. Judgment not for entire sum
but directing periodical payments furnished a proper basis for the filing of such a lien. 10 CS 319. But in 17 CS 474 the
court said that liens were limited to judgments for a definite and certain amount of money due at the time of the entry of
judgment.
Annotations to former section 49-46:
Cited. 61 C. 235. See note to Sec. 49-44. Property not open to attachment in the suit, cannot be taken by judgment lien
and foreclosure. 62 C. 430. An obligee in a bond for a deed, who has paid no part of the purchase money, has no interest
in the land to which a judgment lien can attach. 70 C. 277. Effect, where property secured is worth less than judgment. 73
C. 197. Parties; joinder; administrator d.b.n. necessary party to foreclosure of judgment secured by his predecessor. 75 C.
153. Pleadings where plaintiff bases right on fraudulent conveyance by debtor. Id., 667. Lien may fail as to some property
described; does not determine interest of debtor. Id., 564. Assignee of judgment may file. 82 C. 212; 102 C. 435. Equivalent
to levy of execution; lienor gets debtor's interest; life use. 83 C. 346. Meaning of words "in the same manner". 84 C. 133.
Plaintiff has burden of proving defendant's interest in property attached; evidence showing no such interest is admissible
under general denial; application to attachment of interest under a bond for a deed where contract for conveyance was
broken. 90 C. 559. Equitable interests of third person in land are not affected. 91 C. 571. See 54 C. 101; assignee of
judgment lien gets all rights of foreclosure and redemption which assignor had. 102 C. 435.
Compliance with order of payments on judgment does not prevent action to foreclose judgment lien, but is to be
considered re equities in foreclosure action. Foreclosure of judgments discussed. 31 CS 226.
Annotations to present section:
Cited. 238 C. 172.
Cited. 8 CA 512. Cited. 30 CA 52. Legislative intent of section is to achieve the conformity necessary to make procedures
for recording of state judgment liens applicable to in-state federal judgment liens under 28 USC 1962. 78 CA 305.
Subsec. (a):
Cited. 220 C. 643.
Subsec. (b):
Cited. 210 C. 221. Cited. 219 C. 620; Id., 810. Creditor seeking to assert priority rights pursuant to section and Sec.
52-328(b) must file a judgment lien within four months of a trial court's final judgment in creditor's favor, regardless of
the possible pendency of an appeal. 238 C. 172.
Cited. 28 CA 809. Cited. 39 CA 518.
Subsec. (c):
Cited. 220 C. 643. Deficiency judgment rendered pursuant to Sec. 49-14 may be obtained in judgment lien foreclosure
actions brought pursuant to this section. 255 C. 379.