Connecticut 2025 Regular Session

Connecticut House Bill HB07064 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	LCO No. 5136 1 of 6
4	4
5	5	General Assembly Raised Bill No. 7064
6	6	January Session, 2025
7	7	LCO No. 5136
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
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17	17
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19	19	AN ACT CONCERNING REVISIONS TO THE VALIDATING ACT.
20	20	Be it enacted by the Senate and House of Representatives in General
21	21	Assembly convened:
22	22
23	23	Section 1. Section 47-36aa of the general statutes is repealed and the 1
24	24	following is substituted in lieu thereof (Effective July 1, 2025): 2
25	25	(a) Conveyancing defects. Any recorded deed, mortgage, lease, 3
26	26	power of attorney, release, assignment or other instrument made for the 4
27	27	purpose of conveying, leasing, mortgaging or affecting any interest in 5
28	28	real property in this state, [recorded after January 1, 1997,] which 6
29	29	instrument contains any one or more of the following defects or 7
30	30	omissions is as valid as if it had been executed without the defect or 8
31	31	omission unless an action challenging the validity of that instrument is 9
32	32	commenced and a notice of lis pendens is recorded in the land records 10
33	33	of the town or towns where the instrument is recorded within two years 11
34	34	after the instrument is recorded: 12
35	35	(1) The instrument contains a defective acknowledgment or no 13
36	36	acknowledgment; 14
37	37	(2) The instrument is attested by one witness only or by no witnesses; 15
38	38	Raised Bill No. 7064
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40	40
41	41
42	42	LCO No. 5136 2 of 6
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44	44	(3) In the case of a conveyance by a corporation, limited liability 16
45	45	company, partnership, limited partnership, or limited liability 17
46	46	partnership, or by any other entity authorized to hold and convey title 18
47	47	to real property within this state, the instrument designated such entity 19
48	48	as the grantor but was signed or acknowledged by an individual in the 20
49	49	individual capacity of such person; 21
50	50	(4) The instrument was made to any grantee not recognized by law 22
51	51	to have the capacity to take or hold an interest in real property. 23
52	52	Validation of an instrument under this subdivision confirms the 24
53	53	conveyance to the grantee and any subsequent transfers of the interest 25
54	54	by the grantee to any subsequent transferees, their heirs, successors and 26
55	55	assigns. 27
56	56	(b) Insubstantial defects. Any recorded deed, mortgage, lease, power 28
57	57	of attorney, release, assignment or other instrument made for the 29
58	58	purpose of conveying, leasing, mortgaging or affecting any interest in 30
59	59	real property in this state, [recorded after January 1, 1997,] which 31
60	60	instrument contains any one or more of the following defects or 32
61	61	omissions is as valid as if it had been executed without the defect or 33
62	62	omission: 34
63	63	(1) The instrument contains an incorrect statement of the date of 35
64	64	execution or omits the date of execution; 36
65	65	(2) The instrument contains an execution date or other date that is 37
66	66	later than the date of recording; 38
67	67	(3) The instrument transfers an interest in land by reference to a filed 39
68	68	map or subdivision plan and the map or plan does not comply as to 40
69	69	preparation, form, certification, approval or filing with any requirement 41
70	70	of any special or general law, municipal ordinance or regulation; 42
71	71	(4) The instrument conveys an interest in a lot or parcel of land in a 43
72	72	subdivision that was not submitted for approval or that was submitted 44
73	73	for approval but was not approved; 45
74	74	Raised Bill No. 7064
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77	77
78	78	LCO No. 5136 3 of 6
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80	80	(5) The record does not disclose the date of recording; 46
81	81	(6) The instrument does not disclose any statutorily required 47
82	82	signature of the town clerk; 48
83	83	(7) The instrument does not contain a statement of consideration; 49
84	84	(8) The instrument fails to state the town and state in which the real 50
85	85	property described in the instrument is located; 51
86	86	(9) The instrument fails to state the current mailing address of the 52
87	87	grantee; 53
88	88	(10) In the case of a conveyance by a corporation, limited liability 54
89	89	company, partnership, limited partnership or limited liability 55
90	90	partnership, or by any other entity authorized to hold and convey title 56
91	91	to real property within this state, the instrument designates such entity 57
92	92	as the grantor but fails to disclose the authority of the individual who 58
93	93	executes and acknowledges the instrument; 59
94	94	(11) In the case of a committee deed, the judge's approval of the sale 60
95	95	incorrectly states or fails to state the date of approval of the sale. 61
96	96	(c) Defect with respect to a power of attorney. (1) Any recorded deed, 62
97	97	mortgage, lease, power of attorney, release, assignment or other 63
98	98	instrument made for the purpose of conveying, leasing, mortgaging or 64
99	99	affecting any interest in real property in this state, [recorded after 65
100	100	January 1, 1997,] which instrument is executed pursuant to a recorded 66
101	101	power of attorney and contains any one or more of the following defects, 67
102	102	is as valid as if it had been executed without the defect unless an action 68
103	103	challenging the validity of that instrument is commenced and a notice 69
104	104	of lis pendens is recorded in the land records of the town or towns where 70
105	105	the instrument is recorded within two years after the instrument is 71
106	106	recorded: 72
107	107	(A) The instrument was executed by an attorney-in-fact but was 73
108	108	signed or acknowledged by the attorney-in-fact without reference to his 74
109	109	Raised Bill No. 7064
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111	111
112	112
113	113	LCO No. 5136 4 of 6
114	114
115	115	or her capacity; 75
116	116	(B) The instrument was executed by an attorney-in-fact but does not 76
117	117	reference the power of attorney; 77
118	118	(C) The power of attorney was effective at the time the instrument 78
119	119	was executed but is recorded after the instrument is recorded. 79
120	120	(2) Any recorded deed, mortgage, lease, release, assignment or other 80
121	121	instrument made for the purpose of conveying, leasing, mortgaging or 81
122	122	affecting any interest in real property in this state, [recorded after 82
123	123	January 1, 1997,] which instrument is executed pursuant to a power of 83
124	124	attorney, but which power of attorney is not recorded on the land 84
125	125	records of the town or towns where the instrument is recorded, is as 85
126	126	valid as if the power of attorney had been recorded, unless (A) an action 86
127	127	is commenced to avoid and set aside such instrument and a notice of lis 87
128	128	pendens is recorded in the land records of the town or towns where the 88
129	129	instrument is recorded within fifteen years from the date of recording 89
130	130	of such instrument, or (B) such instrument fails to state the consideration 90
131	131	reflecting fair market value. The provisions of this subdivision shall not 91
132	132	apply to any conveyance where any deed, mortgage, lease, release, 92
133	133	assignment or other instrument is executed by a fiduciary and the 93
134	134	fiduciary is the grantee, mortgagee, leasee, releasee or assignee 94
135	135	designated in such instrument. 95
136	136	(d) Defect where fiduciary conveyed to self. Any recorded deed, 96
137	137	mortgage, lease, release, assignment or other instrument made for the 97
138	138	purpose of conveying, leasing, mortgaging or affecting any interest in 98
139	139	real property in this state, which instrument is executed by a fiduciary, 99
140	140	but which instrument is voidable because the fiduciary is the grantee, 100
141	141	mortgagee, leasee, releasee or assignee designated in such instrument, 101
142	142	is as valid as if it had been executed without the defect unless an action 102
143	143	is commenced to avoid and set aside such instrument and a notice of lis 103
144	144	pendens is recorded in the land records of the town or towns where the 104
145	145	instrument is recorded within ten years from the date of recording of 105
146	146	Raised Bill No. 7064
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148	148
149	149
150	150	LCO No. 5136 5 of 6
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152	152	such instrument. 106
153	153	(e) Defect with respect to conveyance by fiduciary. Any recorded 107
154	154	deed, mortgage, lease, power of attorney, release, assignment or other 108
155	155	instrument made for the purpose of conveying, leasing, mortgaging or 109
156	156	affecting any interest in real property in this state, [recorded after 110
157	157	January 1, 1997,] which instrument was executed by an executor, 111
158	158	administrator, guardian, trustee, conservator or other fiduciary 112
159	159	pursuant to an order or authorization of the court of probate and which 113
160	160	contains any one or more of the following defects, is as valid as if it had 114
161	161	been executed without the defect: 115
162	162	(1) The fiduciary failed to post a bond required by the court for the 116
163	163	faithful administration and distribution of the proceeds of the sale, 117
164	164	provided either (A) the fiduciary has accounted for the proceeds of the 118
165	165	sale in an administration account that has been approved and accepted 119
166	166	by the court after notice and hearing, and from which order of approval 120
167	167	and acceptance no appeal has been taken, or (B) no action challenging 121
168	168	the validity of that instrument is commenced and no notice of lis 122
169	169	pendens is recorded in the land records of the town or towns where the 123
170	170	instrument is recorded within two years after the instrument is 124
171	171	recorded; 125
172	172	(2) Required notice of the probate court hearing on the application for 126
173	173	an order of sale was not given, provided either (A) the fiduciary has 127
174	174	accounted for the proceeds of the sale in an administration account that 128
175	175	has been approved and accepted by the court after notice and hearing, 129
176	176	and from which order of approval and acceptance no appeal has been 130
177	177	taken, or (B) no action challenging the validity of the instrument is 131
178	178	commenced and no notice of lis pendens is recorded in the land records 132
179	179	of the town or towns where the instrument is recorded within two years 133
180	180	after the instrument is recorded; 134
181	181	(3) The fiduciary failed to recite in the instrument the basis of the 135
182	182	authority by which the fiduciary acted, provided either (A) an affidavit 136
183	183	Raised Bill No. 7064
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186	186
187	187	LCO No. 5136 6 of 6
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189	189	that complies with section 47-12a, that references the volume, page, and 137
190	190	date of the instrument, and that recites the authority pursuant to which 138
191	191	the fiduciary executed that instrument is recorded in the land records of 139
192	192	the town or towns in which the instrument is recorded, or (B) no action 140
193	193	challenging the validity of the instrument is commenced and no notice 141
194	194	of lis pendens is recorded in the land records of the town or towns where 142
195	195	the instrument is recorded within two years after the instrument is 143
196	196	recorded. 144
197	197	(f) Release or assignment of mortgage by out-of-state fiduciary. A 145
198	198	release or assignment of a mortgage interest held by a nonresident or 146
199	199	deceased nonresident in real property in this state executed by an out-147
200	200	of-state fiduciary shall have the same effect as if executed by a fiduciary 148
201	201	of this state notwithstanding that the certificate of appointment and 149
202	202	qualification required by section 49-12 has not been filed unless an 150
203	203	action contesting the release or assignment is commenced and a notice 151
204	204	of lis pendens has been recorded in the land records of the town or 152
205	205	towns where such release or assignment is recorded within two years 153
206	206	after the instrument is recorded. 154
207	207	This act shall take effect as follows and shall amend the following
208	208	sections:
209	209
210	210	Section 1 July 1, 2025 47-36aa
211	211
212	212	Statement of Purpose:
213	213	To remove references to instruments recorded after January 1, 1997.
214	214
215	215	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
216	216	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
217	217	underlined.]