Sec. 49-9. Release of mortgage, mechanic's lien or power of attorney. Form of
instrument. Index. Operation of executed release. (a) A mortgage of real or personal
property, a mechanic's lien or a power of attorney for the conveyance of land may be
released by an instrument in writing executed, attested and acknowledged in the same
manner as deeds of land, setting forth that the mortgage, mechanic's lien or power
of attorney for the conveyance of land is discharged or that the indebtedness or other
obligation secured thereby has been satisfied. That instrument vests in the person or
persons entitled thereto such legal title as is held by virtue of the mortgage, or mechanic's
lien. An instrument in substantially the form following is sufficient for the release:
Know all Men by these Presents, That .... of .... in the county of .... and state of .... do
hereby release and discharge a certain (mortgage, mechanic's lien or power of attorney
for the conveyance of land) from .... to .... dated .... and recorded in the records of the
town of .... in the county of .... and state of Connecticut, in book .... at page ....
In Witness Whereof .... have hereunto set .... hand and seal, this .... day of ...., A.D. ....
Signed, sealed and delivered
in the presence of
(Seal)
(Acknowledgment)
(b) In the case of partial releases of mortgages as provided for in section 49-8,
the instrument shall state the extent to which the mortgage is partially released and a
sufficiently definite and certain description of that part of the property securing the
mortgage which is being released therefrom.
(c) Town clerks shall note the discharge or partial release as by law provided and
shall index the record of each such instrument under the name of the releasor and of the
mortgagor.
(d) A release of mortgage executed in accordance with this section shall operate to
release the interest of the releasor in the mortgage which is the subject of the release,
even if such interest is, in fact, acquired by the releasor after executing such release or
does not appear of record until after the execution of such release. Nothing in this subsection shall be construed to limit the effect of any release of mortgage recorded before,
on or after October 1, 2006.
(1949 Rev., S. 7113; 1963, P.A. 590, S. 2; 1967, P.A. 120, S. 1; P.A. 79-602, S. 69; P.A. 06-156, S. 2.)
History: 1963 act applied provisions to power of attorney for the conveyance of land, designated previous provisions
as Subsecs. (a) and (c) and inserted new Subsec. (b) re partial release of mortgages; 1967 act removed judgment liens from
purview of section; P.A. 79-602 made minor changes in wording; P.A. 06-156 added Subsec. (d) re operation of release
executed in accordance with section.
See Sec. 7-34a re town clerks' fees.
See Sec. 52-380d re release of judgment lien on real or personal property.