reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31h. - Partial payment by homeowner mandated by court as condition for granting of restructuring order.

(a) As a condition to the granting of a restructuring order, the court may order the homeowner to pay to the lender during the restructuring period an amount not to exceed twenty-five per cent of his net income per month as a means of demonstrating the homeowner's good faith effort to reduce his mortgage indebtedness.
(b) For purposes of this section, “net income” shall include any unemployment benefit received by the homeowner in accordance with chapter 567.
(P.A. 83-547, S. 10; June Sp. Sess. P.A. 83-29, S. 75.)
History: June Sp. Sess. P.A. 83-29 deleted reference to “financial institution” and substituted “lender during the restructuring period” in lieu thereof.
Cited. 29 CA 541; 31 CA 260; 34 CA 138.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31j. - Regulations.

The Banking Commissioner shall adopt such regulations, in accordance with chapter 54, as the commissioner deems necessary specifying (1) the manner in which a composite interest rate shall be computed for the new mortgage debt pursuant to subsection (c) of section 49-31i, (2) the method or standard by which prevailing market rates of interest are to be determined, and (3) a form a lender may use to give notice pursuant to section 49-31e to a homeowner of the availability of the provisions of sections 49-31d to 49-31i, inclusive.
(June Sp. Sess. P.A. 83-29, S. 77; P.A. 87-9, S. 2, 3; P.A. 03-84, S. 39; P.A. 04-8, S. 12; P.A. 05-46, S. 18.)
History: (Revisor's note: Pursuant to P.A. 87-9 “banking commissioner” was changed editorially by the Revisors to “commissioner of banking”); P.A. 03-84 changed “Commissioner of Banking” to “Banking Commissioner” and made a technical change, effective June 3, 2003; P.A. 04-8 made technical changes, effective April 16, 2004; P.A. 05-46 added Subdiv. (3) requiring commissioner to adopt regulations specifying a form that lender may use to give notice pursuant to Sec. 49-31e to homeowner of the availability of the provisions of Secs. 49-31d to 49-31i, inclusive.
Cited. 34 CA 138.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31m. - Ezequiel Santiago Foreclosure Mediation Program.

The Chief Court Administrator shall establish in each judicial district a foreclosure mediation program in actions to foreclose mortgages on residential real property or real property owned by a religious organization. On and after July 1, 2019, such program shall be known as the “Ezequiel Santiago Foreclosure Mediation Program”. Such foreclosure mediation shall (1) address all issues of foreclosure, including, but not limited to, reinstatement of the mortgage, disposition of the property through means other than the foreclosure process, including short sales and deeds in lieu of foreclosure, assignment of law days, assignment of sale date, restructuring of the mortgage debt and foreclosure by decree of sale, and (2) be conducted by foreclosure mediators who (A) have a duty to be unbiased and are employed by the Judicial Branch, (B) are trained in mediation and all relevant aspects of the law, as determined by the Chief Court Administrator, (C) have knowledge of the community-based resources that are available in the judicial district in which they serve, and (D) have knowledge of the mortgage assistance programs. Such mediators may refer mortgagors who participate in the Ezequiel Santiago Foreclosure Mediation Program to community-based resources when appropriate and to the mortgage assistance programs. Such mediators shall not give legal advice to any party in mediation.
(P.A. 08-176, S. 17; P.A. 11-201, S. 3; P.A. 13-136, S. 3; P.A. 19-145, S. 5.)
History: P.A. 08-176 effective June 12, 2008; P.A. 11-201 deleted program establishment date of July 1, 2008, and added reference to real property owned by a religious organization; P.A. 13-136 required mediation to address the disposition of property through means other than the foreclosure process, required mediators to have a duty to be unbiased and prohibited mediators from giving legal advice to any party in mediation, effective July 15, 2013; P.A. 19-145 added “On and after July 1, 2019, such program shall be known as the “Ezequiel Santiago Foreclosure Mediation Program”.”, and replaced “foreclosure mediation program” with “Ezequiel Santiago Foreclosure Mediation Program”, effective July 1, 2019.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31o. - Consent of mortgagee required for changes. Disclosure of information submitted to mediator.

(a) Nothing in sections 49-31k to 49-31n, inclusive, shall require a mortgagee to modify a mortgage or change the terms of payment of a mortgage without its consent.
(b) Information submitted by the mortgagor to a mediator, either orally or in writing, including financial documents, shall not be subject to disclosure by the Judicial Branch.
(P.A. 08-176, S. 19; P.A. 09-209, S. 36.)
History: P.A. 08-176 effective July 1, 2008; P.A. 09-209 designated existing provisions as Subsec. (a) and added Subsec. (b) re information submitted by mortgagor to a mediator, effective July 1, 2009.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31p. - Successor in interest in foreclosed property secured by federally-related mortgage loan. Assumption of interest limited. Definitions.

(a) In the case of any foreclosure on a federally-related mortgage loan or on any dwelling or residential real property that has a return date on or after July 13, 2011, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to (1) the provision, by such successor in interest, of a notice to vacate to any bona fide tenant not less than ninety days before the effective date of such notice; and (2) the rights of any bona fide tenant, as of the date absolute title vests in such successor in interest (A) under any bona fide lease entered into before such date to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the ninety-day notice under subdivision (1) of this subsection; or (B) without a lease or with a lease terminable at will under state law, subject to the receipt by the tenant of the ninety-day notice under subdivision (1) of this subsection, except that nothing under this section shall affect the requirements for termination of any federally subsidized or state-subsidized tenancy or of any state or local law that provides longer time periods or other additional protections for tenants.
(b) For purposes of this section, a lease or tenancy shall be considered bona fide only if (1) the mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the tenant, (2) the lease or tenancy was the result of an arms-length transaction, and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property or the unit's rent is reduced or subsidized due to a federal, state or local subsidy.
(c) For purposes of this section, the term “federally-related mortgage loan” has the same meaning as in 12 USC 2602(1), the Real Estate Settlement Procedures Act of 1974. For purposes of this section, the date of a notice of foreclosure shall be deemed to be the date on which complete title to a property is transferred to a successor entity or person as a result of an order of a court or pursuant to provisions in a mortgage, deed of trust or security deed.
(P.A. 11-201, S. 7; P.A. 16-65, S. 43.)
History: P.A. 11-201 effective July 13, 2011; P.A. 16-65 amended Subsec. (a) by deleting “but not later than December 31, 2017,”.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31q. - Successor in interest in foreclosed property. Termination of tenant lease and assumption of interest subject to tenant lease.

(a) In the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of a lease, vacating the property prior to sale shall not constitute other good cause for terminating the lease of a tenant who is a recipient of assistance under 42 USC 1437f(o), the federal Housing Choice Voucher Program, except that the owner may terminate the tenancy effective on the date of transfer of the unit to the owner if the owner (1) will occupy the unit as a primary residence, and (2) has provided the tenant a notice to vacate at least ninety days before the effective date of such notice.
(b) In the case of any foreclosure on any federally-related mortgage loan, as that term is defined in 12 USC 2602(1), the Real Estate Settlement Procedures Act of 1974, or on any residential real property in which a recipient of assistance under 42 USC 1437(o), the federal Housing Choice Voucher Program, resides, the immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to the lease between the prior owner and the tenant and to the housing assistance payments contract between the prior owner and the public housing agency for the occupied unit, except that this provision and the provisions related to foreclosure in subsection (a) of this section shall not affect any state or local law that provides longer time periods or other additional protections for tenants.
(P.A. 11-201, S. 8; P.A. 16-65, S. 44.)
History: P.A. 11-201 effective July 13, 2011; P.A. 16-65 deleted “On or before December 31, 2017,” and made technical changes.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31r. - Foreclosure mediation: Notice of community-based resources.

(a) A mortgagee, as defined in section 49-8a, shall include the form promulgated by the Judicial Branch, in accordance with subsection (c) of section 49-31l, concerning notice of community-based resources to parties involved in foreclosure mediation with any notice to a mortgagor, as defined in said section 49-8a, of an intent to accelerate the mortgage loan.
(b) The Judicial Branch shall provide such form to parties involved in foreclosure mediation to public libraries, religious organizations and community-based programs throughout this state to ensure that such form is readily available to mortgagors.
(c) Such form shall include the following:
(1) A reference to CHFA/HUD-Approved Housing Counselors in lieu of a reference to CHFA-Approved Housing Counselors;
(2) A column in the approved housing counselor chart that includes the counties in which each housing counselor serves; and
(3) A notification to mortgagors who are currently parties to a foreclosure action that they should contact the Department of Banking's foreclosure assistance hotline for assistance with time sensitive foreclosure concerns.
(June 12 Sp. Sess. P.A. 12-1, S. 129; P.A. 13-247, S. 326; 13-276, S. 42; P.A. 21-44, S. 4.)
History: P.A. 13-247 deleted former Subsec. (b) re inclusion of form with arrearage statements and redesignated existing Subsecs. (c) and (d) as Subsecs. (b) and (c), effective July 1, 2013; P.A. 13-276 amended Subsec. (b) by replacing “statements sent to” with “complaint served on” and replacing “regarding” with “to judicially foreclose”, effective July 11, 2013; P.A. 21-44 amended Subsec. (a) by changing reference from Sec. 49-31
l
(c)(3) to Sec. 49-31
l
(c).
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31s. - Simultaneous filing of motions for judgment of foreclosure and for default for failure to appear permitted for vacant, abandoned and unoccupied real property.

(a) In a foreclosure action, the mortgagee may, notwithstanding any other law or rule to the contrary, file a motion for judgment of foreclosure simultaneously with a motion for default for failure to appear, if such mortgagee proves, by clear and convincing evidence and the use of a proper affidavit, that the real property that is the subject of the foreclosure action is not occupied by a mortgagor, tenant or other occupant and not less than three of the following conditions exist:
(1) Statements of neighbors, delivery persons or government employees indicating that the property is vacant and abandoned;
(2) Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken or unrepaired;
(3) Doors to the property are smashed through, broken off, unhinged or continuously unlocked;
(4) Risk to the health, safety or welfare of the public or any adjoining or adjacent property owners that exists due to acts of vandalism, loitering, criminal conduct or the physical destruction of the property;
(5) An order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
(6) The mortgagee secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing; or
(7) A written statement issued by any mortgagor or tenant expressing the clear intent of all occupants to abandon the property.
(b) A foreclosure action shall not proceed under the expedited procedures contemplated under subsection (a) of this section if there is on the property (1) an unoccupied building undergoing construction, renovation or rehabilitation that is (A) proceeding diligently toward completion, and (B) in compliance with all applicable ordinances, codes, regulations and statutes, (2) a secure building occupied on a seasonal basis, or (3) a secure building that is the subject of a probate action to quiet title or other ownership dispute.
(P.A. 13-136, S. 5.)
History: P.A. 13-136 effective July 15, 2013.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31t and 49-31u. - Eligibility for foreclosure mediation program after consent to foreclosure by market sale. Foreclosure mediation program: Certificate of good standing.

Sections 49-31t and 49-31u are repealed, effective October 1, 2016.
(P.A. 14-7, S. 21; 14-84, S. 12; 14-217, S. 207; P.A. 16-65, S. 94.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 846 - Mortgages › Section 49-31v. - Foreclosure mediation program: Funding.

The Ezequiel Santiago Foreclosure Mediation Program established pursuant to section 49-31m shall be funded within available appropriations and available until June 30, 2029. The size of such program shall be determined by available funding and the number and need of participants in such program.
(P.A. 14-89, S. 46; P.A. 15-124, S. 4; P.A. 19-145, S. 7; P.A. 21-44, S. 5.)
History: P.A. 14-89 effective July 1, 2014; P.A. 15-124 changed “2016” to “2019”, effective July 1, 2015; P.A. 19-145 replaced “foreclosure mediation program” with “Ezequiel Santiago Foreclosure Mediation Program”, and replaced “2019” with “2023”, effective July 1, 2019; P.A. 21-44 replaced “June 30, 2023” with “June 30, 2029”.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-32. - Liens in favor of the United States.

Section 49-32 is repealed.
(1949 Rev., S. 7213; 1959, P.A. 574, S. 4; 1963, P.A. 528, S. 5; 1967, P.A. 456, S. 7.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-35b. - Burden of proof at hearing. Authority of court.

(a) Upon the hearing held on the application or motion set forth in section 49-35a, the lienor shall first be required to establish that there is probable cause to sustain the validity of his lien. Any person entitled to notice under section 49-35a may appear, be heard and prove by clear and convincing evidence that the validity of the lien should not be sustained or the amount of the lien claimed is excessive and should be reduced.
(b) Upon consideration of the facts before it, the court or judge may: (1) Deny the application or motion if probable cause to sustain the validity of the lien is established; or (2) order the lien discharged if (A) probable cause to sustain its validity is not established, or (B) by clear and convincing evidence its invalidity is established; or (3) reduce the amount of the lien if the amount is found to be excessive by clear and convincing evidence; or (4) order the lien discharged or reduce the amount of the lien conditioned upon the posting of a bond, with surety, in a sum deemed sufficient by the judge to indemnify the lienor for any damage which may occur by the discharge or the reduction of amount.
(P.A. 75-418, S. 5, 10; P.A. 76-290, S. 4, 6; P.A. 79-602, S. 90.)
History: P.A. 76-290 added Subsec. (b)(4) authorizing court to discharge or reduce lien upon posting of bond with surety sufficient to indemnify lien or for damage which may occur; P.A. 79-602 rephrased provisions to replace “such” where appearing.
Cited. 180 C. 501. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583. Cited. 188 C. 253; 209 C. 185; 224 C. 29; 235 C. 595.
Cited. 5 CA 106; 6 CA 180; Id., 443; 9 CA 682; 15 CA 633; 27 CA 199; 41 CA 737. Trial court did not improperly discharge a lien under section without first holding required hearing because, despite defendant's earlier filing for a continuance, defendant failed to appear at the hearing and forfeited his rights against plaintiff. 54 CA 355. Trial court properly discharged lien, even though it did not specifically state the standard of proof it applied, since trial court's actions and duties are presumed to have been performed in conformity with the law unless it appears to the contrary. 61 CA 156. Nothing prevents a discharge order from being superseded by another discharge order made during a subsequent proceeding in the same case. 86 CA 692.
Cited. 33 CS 552.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-35c. - Appeal.

(a) Any order entered as provided in subsection (b) of section 49-35b shall be deemed a final judgment for the purpose of appeal.
(b) No appeal may be taken from the order except within seven days thereof. The effect of the order shall be automatically stayed for the seven-day period. If an appeal is taken within the seven-day period, the party taking the appeal may, within that period, file an application with the clerk of the court in which the order was issued, requesting a stay of the effect of the order pending the appeal, which application shall set forth the reasons for the request. A copy of the application shall be sent to each other party by the applicant. Upon the filing of the application, the effect of the order shall be further stayed until a decision is rendered thereon. A hearing on the application shall be held promptly. The order shall be stayed if the party taking the appeal posts a bond, as provided in subsection (c) of this section.
(c) Upon the hearing on the application, the court shall: (1) Upon motion of the party taking the appeal, set a bond with surety for the stay of the order as provided in subsection (b) of this section, in an amount which the court deems sufficient to indemnify the adverse party for any damages which may result from the stay. If the party taking the appeal gives that bond the order shall be stayed; or (2) grant the stay; or (3) deny the stay; or (4) condition the granting of the stay upon the giving of such a bond.
(d) Any order of discharge or reduction or any order of any such stay shall take effect upon recording of a certified copy thereof in the office of the town clerk in which such lien was originally recorded. The clerk of the court in which any such order is issued shall not deliver any certified copies thereof until the time for taking an appeal has elapsed or, if an appeal is taken and an application for a stay of the order is filed, until such time as a decision granting or denying the stay has been rendered.
(P.A. 75-418, S. 6, 10; P.A. 76-290, S. 5, 6; P.A. 79-602, S. 91.)
History: P.A. 76-290 specified in Subsec. (b) that order is stayed when party taking appeal posts bond and rephrased Subsec. (c); P.A. 79-602 rephrased provisions but made no substantive changes.
Cited. 180 C. 501. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.
Cited. 6 CA 180; Id., 443; 10 CA 45; 22 CA 73; 27 CA 199; 41 CA 737; 54 CA 355.
Cited. 33 CS 552.
Subsec. (b):
Does not affect the continuing jurisdiction conferred on Superior Court by Sec. 52-212. 188 C. 253. 7-day time limit in section is inapplicable under present circumstances. 235 C. 595. Where defendant failed to request stay of judgment pending appeal of discharge of lien, court refused to reinstate the lien after plaintiff's recording of order of discharge on town land records under Subsec. (d), rendering defendant's appeal moot. 280 C. 25.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-37a. - Lien validated when bond substituted prior to April 22, 1975.

Whenever prior to April 22, 1975, a bond has been substituted for any lien pursuant to section 49-37, which bond was in effect on said date, the obligee on such bond may validate the lien for which the bond was substituted by serving, by registered or certified mail, upon the principal and surety on such bond a copy of the certificate of mechanic's lien which was originally filed, within ninety days of June 25, 1975. Any such lien not validated pursuant to this section shall be deemed to have been invalid and discharged as a matter of law.
(P.A. 75-418, S. 9, 10.)
Cited. 176 C. 409; 180 C. 501. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.
Cited. 33 CS 552.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-38. - Lien on railroad for services or materials in construction.

If any person has a claim for materials furnished or services rendered for the construction of any railroad, or any of its appurtenances, under any contract with or approved by the corporation owning or managing it, the railroad shall, with its real estate, right-of-way, material, equipment, rolling stock and franchises, be subject to the payment of that claim; and that claim shall be a lien on the railroad, railroad property and franchises, and the lien shall be asserted, perfected and foreclosed in all respects in accordance with the provisions of sections 49-34 to 49-37, inclusive, except that the certificates of the lien and of its discharge shall be filed in the office of the Secretary of the State, who shall record them in a book kept for that purpose.
(1949 Rev., S. 7222; P.A. 79-602, S. 94.)
History: P.A. 79-602 substituted “the” or “that” for “such” where appearing.
Statute includes street railways. 78 C. 292. General discussion. 83 C. 82. Cited. 169 C. 76; 180 C. 501. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.
Cited. 23 CS 380.
Cited. 2 Conn. Cir. Ct. 622.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-40. - Record of discharge of mechanic's and judgment liens.

Section 49-40 is repealed.
(1949 Rev., S. 7224; 1949, 1953, S. 2976d; 1969, P.A. 653; 1971, P.A. 181, S. 2.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-40a. - Mechanic's liens expired by limitation of time.

Any mechanic's lien which has expired because of failure to comply with the time limitations of section 49-39 is automatically extinguished and the continued existence of the lien unreleased of record in no way affects the record owner's title nor the marketability of the same.
(1971, P.A. 181, S. 1; P.A. 79-602, S. 97.)
History: P.A. 79-602 removed provision re automatic extinguishment of judgment lien which expires for failure to comply with time limits in Sec. 49-46 and made minor changes in wording in remaining provision.
Cited. 169 C. 76; 180 C. 501. Challenge by general contractor to constitutionality of mechanic's lien statutes discussed. 185 C. 583.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-41c. - State contractor to make payment to subcontractor within thirty days.

Any person contracting with the state shall make payment to any subcontractor employed by such contractor within thirty days of payment by the state to the contractor for any work performed or, in the case of any contract entered into on or after October 1, 1986, for materials furnished by such subcontractor, provided such contractor may withhold such payment if such contractor has a bona fide reason for such withholding and if such contractor notifies the affected subcontractor, in writing, of his reasons for withholding such payment and provides the state board, commission, department, office, institution, council or other agency through which such contractor had made the contract, with a copy of the notice, within such thirty-day period.
(P.A. 83-552, S. 1; P.A. 86-12, S. 2.)
History: P.A. 86-12 made section applicable to payment for materials as well as labor.
See chapter 60, part II re public building contracts.
Cited. 238 C. 293; 239 C. 708.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-43. - Certified copies of bonds and contracts for public works.

Each agency of the state or of any subdivision thereof, in charge of the construction, alteration or repair of any public building or public work of the state or of any subdivision thereof, shall furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for the work and payment therefor has not been made or that he is being sued on the bond, a copy of the bond and the contract for which it was given, certified by the administrative head of the agency, which copy shall be prima facie evidence of the contents, execution and delivery of the original. Applicants shall pay for those certified copies such fees as are provided in section 1-212.
(1949 Rev., S. 7216; 1959, P.A. 57; 1969, P.A. 192, S. 2; P.A. 79-602, S. 101.)
History: 1959 act transferred duties formerly held by attorney general under provisions of section to agencies of state or its subdivisions and their administrative heads and required payment of fees as provided in Sec. 1-15 where previously fees were fixed by attorney general; 1969 act deleted provision specifying that certified statements of date when final settlement made is “conclusive as to such date” and subsequent reference to fee charged for such certified statements; P.A. 79-602 substituted “the” or “those” for “such” where appearing.
Duties of Attorney General are purely ministerial in character. 143 C. 85. Purpose of statute discussed. 159 C. 563. Cited. 239 C. 708.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-44 to 49-46. - Recording of judgment lien; when it holds from attachment. Lien only on land liable to execution at date of judgment. Owner of judgment may file lien; foreclosure, limitation of time, notice of lis pendens.

Sections 49-44 to 49-46, inclusive, are repealed.
(1949 Rev., S. 7225
–
7227; P.A. 78-120; 78-280, S. 2, 127; P.A. 79-602, S. 102, 103; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-47a. - Form of mechanic's lien foreclosure certificates.

Certificates of foreclosure of mechanic's liens shall be, as far as possible, of the same form as is prescribed for certificates of foreclosure of mortgages.
(P.A. 79-602, S. 96.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-49. - When insolvency proceedings set aside lien.

Section 49-49 is repealed.
(1949 Rev., S. 7230; P.A. 83-581, S. 39, 40; P.A. 84-546, S. 127, 173.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-52. - Pendency of action to foreclose lien on personalty not to be notice.

The pendency of an action for the foreclosure of any lien, other than a chattel mortgage, upon any personal estate is not notice of that action to any person who acquires an interest in that estate during the pendency of the action, unless the officer serving the process and complaint in the action leaves a true and attested copy of the process and complaint at the office of the town clerk of the town in which the lien is recorded at least twelve days before the return day of the process. A judgment or decree of foreclosure obtained in that action, upon any process and complaint of which a copy is not so left at the town clerk's office, does not affect the rights of any person acquiring an interest in the estate during the pendency of the action.
(1949 Rev., S. 8059; 1955, S. 3200d; P.A. 79-602, S. 114.)
History: P.A. 79-602 restated provisions but made no substantive changes.
See title 42a, article 9 re secured transactions, sales of accounts, contract rights and chattel paper under Uniform Commercial Code.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-53. - Duty of officer serving process in such action. Record by town clerk.

(a) The officer serving the process and complaint in an action for the foreclosure of any lien, other than a chattel mortgage, upon any personal estate shall leave a true and attested copy of the process and complaint at the town clerk's office at least twelve days before the return day of the process, for which he shall be allowed the same fees as for other copies, and the fees shall be taxed with the other fees in the cause.
(b) The town clerk at whose office any such copy is left shall keep the same on file for the inspection of all persons having any interest in the estate therein described. The town clerk shall endorse on all such copies the date of their reception, and shall plainly number them as they are received, consecutively. He shall also keep a book in which he shall index the copies, referring to their numbers, under the plaintiff's name as grantee and the defendant's name as grantor.
(1949 Rev., S. 8060; P.A. 79-602, S. 115.)
History: P.A. 79-602 divided section into Subsecs. and restated provisions, specifying applicability to actions “for the foreclosure of any lien, other than a chattel mortgage, upon any personal estate”.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-55. - Vessel lien in connection with building, repairing, mooring, dockage or storage.

Each vessel, not documented according to the maritime or admiralty laws of the United States, shall be subject to a lien in the amount of a claim of not less than fifty dollars by any person, hereinafter called the lienor, for work done, including the equipping of such vessel with safety devices, materials furnished or expenses incurred in connection with the building, repairing, mooring, dockage or storage of such vessel. This lien shall be subordinate to security interests previously filed in the office of the Secretary of the State. The lienor may retain possession of the vessel until the charges for such work, materials or expenses have been paid or the lien has been dissolved.
(1949 Rev., S. 7234; 1969, P.A. 818, S. 1; P.A. 77-34; P.A. 87-505, S. 7.)
History: 1969 act replaced previous provisions which specified that all vessels in construction or repair of which a person claims more than $20 for materials or services rendered are subject to lien for the claim amount, that lien takes precedence over other subsequent encumbrances except lien for mariners' wages and that lien may be foreclosed “like a mortgage of personal property” with new provisions applicable solely to vessels “not documented according to the maritime or admiralty laws of the United States”; P.A. 77-34 authorized liens for “mooring, dockage or storage” of vessels; P.A. 87-505 added provision re safety devices and authorized retention of the vessel until charges have been paid or the lien dissolved.
There is no maritime lien in favor of a shipbuilder, nor for materials or supplies furnished to a vessel in her home port, but a state can give a lien in such cases. 7 Wall. 645. U.S. courts have power to allow such a lien to be enforced by admiralty process in rem; 4 Wheat. 438; 1 Black. 529; but the U.S. Supreme Court in 1858 refused to exercise this power for the future, and repealed their former rule authorizing such libels, but see 167 U.S. 606.
Cited. 21 CA 808.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-55b. - Form of notice of vessel lien.

A notice of vessel lien shall contain the following information: (1) The registration number; (2) the name of the vessel; (3) the name of the manufacturer; (4) the type of propulsion; (5) the length of the vessel; (6) a general description of the vessel; (7) the name and last-known mailing address of the owner; (8) the name and address of the lienor; (9) the amount of the lien; (10) the basis of the claim with dates; and (11) the place where the vessel is being held. This notice shall be in the following form:
NOTICE OF VESSEL LIEN
To all persons whom it may concern, a lien is claimed by me on the below-described vessel:
Name of claimant .... amount of claim ....
Address of claimant ....
Name of vessel .... registration number ....
Type of propulsion .... length ....
Basis of claim with dates ....
Description of vessel ....
Location of vessel ....
Name of owner and address ....
Date of intended sale and place (if applicable) ....
Dated at .... this .... day of .... A.D. 20...
(The claimant) ....
(1969, P.A. 818, S. 3.)
History: (Revisor's note: In 2001 the reference in this section to the date “19..” was changed editorially by the Revisors to “20..” to reflect the new millennium).
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-55c. - Dissolution of lien. Action by person claiming lien.

(a) The application to dissolve a vessel lien may be in the following form:
To ...., a judge of the Superior Court for the judicial district of ....
The undersigned, .... of the town (or city) of .... in the county of .... and judicial district of ...., is the owner (or has the following legal or equitable interest: ....) of the following vessel, .... (description of vessel).
Such vessel is now held by .... of the town (or city) of ...., in the county of .... under a claim of lien for .... and that he is desirous that such lien be dissolved upon the substitution of a bond, with sufficient surety, according to the statute.
Dated at .... this .... day of ...., 20...
(The claimant) ....
(b) If the lien is dissolved, the person who claimed the lien shall bring a complaint in the court with jurisdiction setting forth the amount and basis of the claim. The person who caused the lien to be dissolved shall have thirty days after the writ is returnable to the court where the action is brought to file an affidavit with such court controverting the material allegations contained in the complaint and affidavit that he has a valid defense. The issues so raised shall be tried as all other issues in such court. If the person who has caused the lien to be dissolved does not file such affidavit, the bond shall be forfeited to the lienor.
(1969, P.A. 818, S. 4, 5; P.A. 73-616, S. 37; P.A. 74-183, S. 273, 291; 74-338, S. 15, 94; P.A. 76-436, S. 236, 681; P.A. 78-280, S. 64, 127.)
History: P.A. 73-616 made technical correction in Subsec. (b), substituting “writ” for “date”; P.A. 74-183 replaced circuit court with court of common pleas and “circuit” with “county”, effective December 31, 1974; P.A. 74-338 substituted “lien” for “bond” for conformity with other references in Subsec. (b); P.A. 76-436 deleted reference to judges of common pleas court in application form, effective July 1, 1978; P.A. 78-280 substituted “judicial district” for “county” or added reference to judicial districts in conjunction with reference to counties as necessary; (Revisor's note: In 2001 the reference in Subsec. (a) of this section to the date “19..” was changed editorially by the Revisors to “20..” to reflect the new millennium).
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-56. - Notice of vessel lien to be filed with Secretary of the State. Duration of lien. Discharge.

(a) A vessel lien is not valid, unless the lienor has, within sixty days after he has ceased to furnish the goods or services described in section 49-55, filed a notice of a vessel lien with the Secretary of the State.
(b) A vessel lien shall not continue in force for a longer period than four years after the lien has been perfected, unless the party claiming the lien commences an action to foreclose it within two years from the date the lien was filed with the Secretary of the State and then proceeds therewith to and obtains final judgment within the two years next succeeding the date the action was commenced. Each such lien, after the expiration of each such two-year period without action, commenced or obtaining final judgment, respectively, shall be discharged of record by the person claiming the same, upon the request of the owner of the vessel on which the lien has been claimed. An action to foreclose a vessel lien shall be privileged in respect to assignment for trial.
(1949 Rev., S. 7235; 1969, P.A. 818, S. 7; 1972, P.A. 294, S. 35; P.A. 79-602, S. 118.)
History: 1969 act substituted “vessel lien” for “claim” and replaced former provisions re ten-day limit on lien unless certificate of lien is lodged with town clerk and re contents of certificate with new provisions; 1972 act substituted “vessel lien” for “mechanics' lien” in provision re privileged assignment for trial; P.A. 79-602 divided section into Subsecs. and rephrased provisions.
Cited. 217 C. 807.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-56a. - Termination or removal of notice of lien.

Each person who has lodged for record a notice of a vessel lien on any personal property after receiving satisfaction of his claim or after the rendition of a final judgment against him showing that nothing is due thereon, shall, within ten days after being requested in writing to do so by any person interested in having the lien removed, sign and lodge, in the office of the Secretary of the State, a certificate that such lien is removed, which, when recorded, shall discharge such lien. Fees for this and the procedure and forms to be used for the same shall be prescribed by the Secretary of the State. If he fails to comply with such request, he shall pay to the party aggrieved such sum, not exceeding half the amount claimed by his lien, as the court having cognizance of the action brought therefor may determine.
(1971, P.A. 201.)
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-58. - Lien not to exceed contract price.

A vessel or its appurtenances shall not be subject to vessel liens for a greater amount in the whole than the price agreed to be paid for the vessel or its repairs.
(1949 Rev., S. 7237; 1969, P.A. 818, S. 8; P.A. 79-602, S. 119.)
History: 1969 act deleted provisions re apportionment of amount of agreed price among several claimants whose claims exceed that amount, i.e. claimants other than original contractor paid in full if possible or in part by apportionment; P.A. 79-602 restated section but made no substantive changes.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-59. - Discharge of liens. Penalty for failure to discharge.

Each person who has lodged for record a certificate claiming a lien on any property, under the provisions of this chapter, shall, after receiving satisfaction of his claim or after the rendition of a final judgment against him showing that nothing is due thereon, within ten days after being requested in writing to do so by any person interested in having the lien removed, sign and lodge, in the office in which his original certificate was filed for record, a certificate that such lien is removed, which, when recorded, shall discharge such lien. If he fails to comply with such request, he shall pay to the party aggrieved such sum, not exceeding half the amount claimed by his lien, as the court having cognizance of the action brought therefor may determine.
(1949 Rev., S. 7238.)
See Sec. 7-34a re town clerks' fees.
See Sec. 49-9 re form of release of mechanic's liens.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-60. - Jewelers' liens. Television and radio service dealers' liens.

(a) Each jeweler, watchmaker, silversmith or television and radio service dealer who alters, repairs or does any work on any article of personal property at the request of the owner or legal possessor of the property has a lien upon and may retain the possession of the article until the charges for the alteration, repairing or work have been paid.
(b) If the debt remains unpaid for more than six months, any such jeweler, watchmaker, silversmith or television and radio service dealer may sell the article at public or private sale, and the proceeds, after first paying the expense of such sale, shall be applied in payment of the debt, the balance, if any, to be paid, in trust for the debtor, within ten days to the State Treasurer. No such sale shall be held until after thirty days' notice to the owner or legal possessor has been given by registered or certified mail at his last-known address, stating the time and place of sale. If the owner's or possessor's address is unknown, or if such registered or certified mail notice is returned, further notice shall be given by advertising the time and place of the sale in a newspaper having a substantial circulation in the locality where the sale is to take place at least thirty days in advance of the sale. No such article the value of which is more than one hundred dollars, may be sold as hereinbefore provided, unless the charges against the same equal at least one-third the value of the article.
(1949 Rev., S. 7239; 1961, P.A. 517, S. 106; P.A. 79-282; 79-602, S. 120; P.A. 83-220, S. 2; P.A. 85-154.)
History: 1961 act required payment of proceeds remaining after payment of debt to state treasurer rather than to treasurer of county where sale held, county government having been abolished; P.A. 79-282 prohibited sale of articles valued at more than $100 rather than $25 unless charges equal one-third of their value; P.A. 79-602 divided section into Subsecs. and rephrased provisions, deleting requirement that notice of sale be posted on nearest public signpost; P.A. 83-220 granted a television and radio service dealer a lien on property he alters, repairs or works on and authorized such a dealer to sell such property under certain circumstances; P.A. 85-154 reduced the period of the lien in Subsec. (b) from 12 months to 6 months.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-62. - Form of application.

The application described in section 49-61 may be in the following form:
“To ...., a Judge of the Superior Court for the judicial district of ....:
The application of C.D. of the Town (or City) of ...., in the County of ...., and judicial district of ...., shows that he is the owner (or sets forth other legal or equitable interest) of the following personal property, viz.:
Such personal property is now held by A.B. of the Town (or City) of ...., in the County of ...., and judicial district of .... under a claim of lien for storage of such personal property, (or for care, cartage, freight, work and material, etc., as the case may be), and that he is desirous that such lien be dissolved upon the substitution of a bond, with surety, according to the statute.
Dated at .... the .... day of ...., 20...
C.D. (or C.D. by X, his attorney).”
(1949 Rev., S. 7241; 1959, P.A. 28, S. 197; P.A. 74-183, S. 276, 291; P.A. 76-436, S. 239, 681; P.A. 78-280, S. 65, 127; P.A. 79-602, S. 122; P.A. 80-483, S. 146, 186.)
History: 1959 act revised form to replace justice of the peace with circuit court judge as addressee; P.A. 74-183 replaced circuit court judge with judge of common pleas court as addressee, effective December 31, 1974; P.A. 76-436 replaced common pleas court judge with superior court judge as addressee, effective July 1, 1978; P.A. 78-280 replaced “county” with “judicial district” or added references to judicial districts in conjunction with references to counties as the context requires; P.A. 79-602 added specific reference to Sec. 49-61; P.A. 80-483 made technical grammatical correction; (Revisor's note: In 2001 the reference in this section to the date “19..” was changed editorially by the Revisors to “20..” to reflect the new millennium).
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-63. - Notice of application. Hearing.

No such lien may be dissolved until reasonable notice of the application, in writing, signed by the applicant or his attorney, has been served upon the lienor or left at his usual place of abode or such other reasonable notice as the judge may order has been given. Any person interested may be heard in relation to the amount and sufficiency of the bond offered by the applicant. The bond shall be in amount not less than the amount claimed by the lienor, unless it appears to the authority to whom the application is made that the amount so claimed is excessive, in which event he may order the bond to be in such amount as he deems reasonable.
(1949 Rev., S. 7242; 1961, P.A. 517, S. 107; P.A. 79-602, S. 123.)
History: 1961 act deleted reference to notice ordered by justice of the peace; P.A. 79-602 made minor changes in wording but made no substantive changes.
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-64. - Form of bond.

Such bond shall be taken to the lienor, and shall be substantially in the following form:
“Know all men by these presents:
That we, C. D. of ...., as principal, and .... of ...., as surety, are holden and firmly bound, jointly and severally, unto A. B. of ...., in the penal sum of .... dollars, to which payment well and truly to be made, we hereby bind ourselves, our heirs, executors and administrators, firmly by these presents.
The Condition of this obligation is such that whereas certain personal property, viz.: ...., in which said C. D. has an interest as owner (or otherwise, as the case may be) is now held by said A. B. under claim of lien for storage (or otherwise, as the case may be) to the amount of .... dollars:
Now, Therefore, if said C. D. shall pay or cause to be paid any judgment that may be rendered against him by any court of competent jurisdiction not exceeding the amount of .... dollars (the amount claimed under the lien), with interest and costs, or in default of such payment shall pay or cause to be paid to the officer having the execution issued on such judgment, on demand, the actual value at the date hereof of such personal property, not exempt from such lien, not exceeding said amount of .... dollars, then this bond shall be void, but otherwise in full force and effect.
Dated at .... this .... day of ...., 20...
.... Seal.
.... Seal.”
(1949 Rev., S. 7243.)
History: (Revisor's note: In 2001 the reference in this section to the date “19..” was changed editorially by the Revisors to “20..” to reflect the new millennium).
2023 Connecticut General Statutes › Title 49 - Mortgages and Liens › Chapter 847 - Liens › Section 49-65. - Dissolution of lien to be recorded.

The authority dissolving the lien shall certify such dissolution upon the application, and forthwith return the application, notice, order and bond to the clerk of the superior court for the judicial district wherein such personal property is held under such lien, or wherein such lienor resides.
(1949 Rev., S. 7244; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted “judicial district” for “county”.