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 Section 47-36aa of the general statutes is repealed and the 1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