Substitute House Bill No. 7064, also known as Public Act No. 25-136, amends the Validating Act in Connecticut to improve 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. Under the new law, any recorded deed, mortgage, lease, power of attorney, release, assignment, or other instrument with specified defects will be deemed valid unless challenged within two years of recording. The bill outlines 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, stipulating that if a fiduciary does not recite the basis of their authority in the instrument, they must provide a compliant affidavit or ensure no challenges are made within two years. It also addresses the actions of out-of-state fiduciaries, allowing their release or assignment of mortgage interests to have the same legal effect as if executed by in-state fiduciaries, provided no contesting action is initiated within the same two-year period. Overall, these revisions are designed to streamline real property transactions and enhance the efficiency of the validation process.

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