Substitute House Bill No. 7064, also known as Public Act No. 25-136, amends the Validating Act in Connecticut to enhance the validity of real property instruments. The bill repeals Section 47-36aa and introduces new provisions effective July 1, 2025, which eliminate the previous limitation that only instruments recorded after January 1, 1997, could be validated. Now, any recorded deed, mortgage, lease, power of attorney, release, assignment, or other instrument can be validated regardless of its recording date, provided it contains specific defects or omissions. The bill outlines various defects eligible for validation, such as defective acknowledgments and incorrect execution dates, and establishes that a notice of lis pendens must be recorded within two years of the instrument's recording for validation to occur.

Furthermore, the bill clarifies the authority of fiduciaries in executing real property instruments. If a fiduciary does not recite the basis of their authority, they must either provide a compliant affidavit or ensure that no legal action challenging the instrument's validity is initiated within two years. It also addresses the release or assignment of mortgage interests by nonresident or deceased nonresident fiduciaries, allowing such actions to have the same legal effect as those executed by in-state fiduciaries, provided no contesting action is initiated and no notice of lis pendens is recorded within the same two-year period. These changes aim to streamline the validation process and reduce potential legal disputes arising from minor defects in property instruments.

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