CT SB00833

Validates deeds, mortgages, leases, and other real property instruments recorded after January 1, 1997, that are executed pursuant to a recorded power of attorney, even if they contain specified defects, unless a legal challenge with notice of lis pendens is filed within two years of recording.

Recognizes three specific defects as valid: (A) attorney-in-fact signed or acknowledged the instrument without reference to their capacity; (B) the instrument does not reference the power of attorney; (C) the power of attorney was effective when the instrument was executed but recorded after the instrument was recorded.

Validates instruments executed under an unrecorded power of attorney as if the power of attorney had been recorded, unless an action to avoid and set aside the instrument is commenced with notice of lis pendens filed within fifteen years of recording or the instrument fails to state fair market value consideration.

Excludes from these validation provisions any conveyance where a fiduciary executes the instrument and serves as the grantee, mortgagee, leasee, releasee, or assignee in that same instrument.

Effective date: October 1, 2019.