(a) A mortgage of real or personal property, a mechanic's lien or a power of attorney for the conveyance of land may be released by an instrument in writing executed, attested and acknowledged in the same manner as deeds of land, setting forth that the mortgage, mechanic's lien or power of attorney for the conveyance of land is discharged or that the indebtedness or other obligation secured thereby has been satisfied. That instrument vests in the person or persons entitled thereto such legal title as is held by virtue of the mortgage, or mechanic's lien. An instrument in substantially the form following is sufficient for the release:
Know all Men by these Presents, That .... of .... in the county of .... and state of .... do hereby release and discharge a certain (mortgage, mechanic's lien or power of attorney for the conveyance of land) from .... to .... dated .... and recorded in the records of the town of .... in the county of .... and state of Connecticut, in book .... at page ....
In Witness Whereof .... have hereunto set .... hand and seal, this .... day of ...., A.D. ....
Signed, sealed and deliveredin the presence of
(Seal)
(Acknowledgment)
(b) In the case of partial releases of mortgages as provided for in section 49-8, the instrument shall state the extent to which the mortgage is partially released and a sufficiently definite and certain description of that part of the property securing the mortgage which is being released therefrom.
(c) Town clerks shall note the discharge or partial release as by law provided and shall index the record of each such instrument under the name of the releasor and of the mortgagor.
(d) A release of mortgage executed in accordance with this section shall operate to release the interest of the releasor in the mortgage which is the subject of the release, even if such interest is, in fact, acquired by the releasor after executing such release or does not appear of record until after the execution of such release. Nothing in this subsection shall be construed to limit the effect of any release of mortgage recorded before, on or after October 1, 2006.
(1949 Rev., S. 7113; 1963, P.A. 590, S. 2; 1967, P.A. 120, S. 1; P.A. 79-602, S. 69; P.A. 06-156, S. 2.)
History: 1963 act applied provisions to power of attorney for the conveyance of land, designated previous provisions as Subsecs. (a) and (c) and inserted new Subsec. (b) re partial release of mortgages; 1967 act removed judgment liens from purview of section; P.A. 79-602 made minor changes in wording; P.A. 06-156 added Subsec. (d) re operation of release executed in accordance with section.
See Sec. 7-34a re town clerks' fees.
See Sec. 52-380d re release of judgment lien on real or personal property.
Structure Connecticut General Statutes
Title 49 - Mortgages and Liens
Section 49-1. - When foreclosure a bar to further action on debt.
Section 49-2a. - Interest on funds held in escrow for payment of taxes and insurance.
Section 49-3. - Mortgage securing future advancements.
Section 49-4c. - Mortgage as security for obligations under an electricity purchase agreement.
Section 49-5. - Mortgages on property of public service companies.
Section 49-5a. - Master mortgage recording.
Section 49-5b. - Required information in a mortgage contingency clause.
Section 49-6. - Trust mortgages.
Section 49-6a. - Definitions. Interim financing policy disclosure required.
Section 49-6c. - Notice of late fee required. Exception.
Section 49-6d. - Legal representation.
Section 49-7. - Agreements concerning expenses and attorneys' fees.
Section 49-7a. - Lenders prohibited from requiring multiple original notes.
Section 49-9a. - Validation of release of mortgage. Affidavit.
Section 49-10a. - Request for payoff statement or reinstatement payment statement.
Section 49-13. - Petition for discharge of mortgage or ineffective attachment, lis pendens or lien.
Section 49-14. - Deficiency judgment.
Section 49-15. - Opening of judgments of strict foreclosure.
Section 49-16. - Foreclosure certificate. Penalty.
Section 49-17. - Foreclosure by owner of debt without legal title.
Section 49-17a. - Collection of rental payments without legal title.
Section 49-18. - Foreclosure by executor, administrator or trustee.
Section 49-19. - Title to vest in encumbrancer paying debt and costs.
Section 49-20. - Redemption by holder of encumbrance on part of property foreclosed.
Section 49-22. - Execution of ejectment on foreclosure judgment. Disposition of property.
Section 49-23. - Ejectment by mortgagee barred by tender of debt and costs.
Section 49-24. - Court may foreclose lien or mortgage on land by sale or market sale.
Section 49-24a. - Definitions.
Section 49-24b. - Agreement to pursue foreclosure by market sale.
Section 49-24c. - Appraisal of property in foreclosure by market sale.
Section 49-24d. - Listing agreement in foreclosure by market sale.
Section 49-24e. - Contract for sale of property in foreclosure by market sale.
Section 49-24f. - Judgment of foreclosure by market sale.
Section 49-24g. - Right-of-first-refusal law days.
Section 49-25. - Appraisal of property.
Section 49-26. - Conveyance; title of purchaser.
Section 49-27. - Disposal of proceeds of sale.
Section 49-28. - When proceeds of sale will not pay in full.
Section 49-29. - Expenses of sale and costs.
Section 49-30. - Omission of parties in foreclosure actions.
Section 49-30p. - Underwater mortgage: Definitions.
Section 49-30q. - Modification of underwater mortgage.
Section 49-30s. - Transfer agreement to convey property subject to underwater mortgage.
Section 49-30t. - Judgment of loss mitigation following agreement under section 49-30q or 49-30r.
Section 49-30u. - Judgment of loss mitigation following agreement under section 49-30s.
Section 49-30v. - Nonentry of judgment of loss mitigation.
Section 49-30w. - Junior lien on property encumbered by underwater mortgage.
Section 49-31. - Actions against the state.
Section 49-31a. - Subordination clauses.
Section 49-31c. - When subordination not subject to statute of frauds and automatically effective.
Section 49-31d. - Definitions.
Section 49-31e. - Application for protection from foreclosure.
Section 49-31g. - Restructuring of mortgage debt by court.
Section 49-31j. - Regulations.
Section 49-31k. - Definitions.
Section 49-31m. - Ezequiel Santiago Foreclosure Mediation Program.
Section 49-31n. - Mediation period. Information required. Termination of program.
Section 49-31r. - Foreclosure mediation: Notice of community-based resources.