(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 this state, 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 the 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 of the town where the mortgage was recorded which states the following:
(1) The affiant has been and remains the record owner or the personal representative of the record owner of the real property described in the mortgage for at least two years prior to and as of the date of the affidavit;
(2) The recording information for the mortgage, any assignment of the mortgage and the 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 the mortgage and has received no notice or communication that would indicate that all or any portion of the mortgage debt remains due and owing; and
(4) To the best of the affiant's knowledge and belief, the mortgage debt 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; P.A. 10-36, S. 7; P.A. 16-194, S. 3.)
History: P.A. 04-67 effective July 1, 2004; P.A. 10-36 made technical changes, effective July 1, 2010; P.A. 16-194 amended Subsec. (a)(1) by adding provisions re affiant remains record owner or personal representative of record owner as of the date of the affidavit.
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