Substitute House Bill No. 7064, also known as Public Act No. 25-136, amends the Validating Act in Connecticut to enhance the validity of certain real property instruments. The bill repeals Section 47-36aa and introduces new provisions effective July 1, 2025, which eliminate the previous requirement that only instruments recorded after January 1, 1997, are eligible for validation. Instead, any recorded deed, mortgage, lease, power of attorney, release, assignment, or other instrument with specific defects will be deemed valid unless challenged within two years of recording. The bill identifies various defects that may occur, such as defective acknowledgments and incorrect execution dates, and aims to reduce legal disputes arising from minor documentation issues.

Furthermore, the bill clarifies the validation process for instruments executed by fiduciaries, stating that if a fiduciary does not recite the basis of their authority in the instrument, they must provide a compliant affidavit or ensure no legal challenges are initiated within two years. It also addresses the release or assignment of mortgage interests by nonresident or deceased nonresident fiduciaries, granting such actions the same legal effect as those by in-state fiduciaries, provided no contesting action is initiated within the same two-year period. These changes are designed to streamline the validation process and facilitate real property transactions involving out-of-state fiduciaries.

Statutes affected:
Raised Bill: 47-36aa
JUD Joint Favorable Substitute: 47-36aa
File No. 748: 47-36aa
Public Act No. 25-136: 47-36aa