§ 49-51 — Discharge of invalid lien.

Connecticut § 49-51

• Jurisdiction: Connecticut
• Title 49: Mortgages and Liens
• Ch. 847: Liens

Text

(a) Any person having an interest in any real or personal property described in any certificate of lien, which lien is invalid but not discharged of record, may give written notice to the lienor sent to him at his last-known address by registered mail or by certified mail, postage prepaid, return receipt requested, to discharge the lien. Upon receipt of such notice, the lienor shall discharge the lien by sending a release sufficient under section 52-380d, by first class mail, postage prepaid, to the person requesting the discharge. If the lien is not discharged within thirty days of the notice, that person may apply to the Superior Court for such a discharge, and the court may adjudge the validity or invalidity of the lien and may award the plaintiff damages for the failure of the defendant to make discharge upon request. If the court is of the opinion that such certificate of lien was filed without just cause, it may allow, in its discretion, damages to any person aggrieved by such failure to discharge, at the rate of one hundred dollars for each week after the expiration of such thirty days, but not exceeding in the whole the sum of five thousand dollars or an amount equal to the loss sustained by such aggrieved person as a result of such failure to discharge the lien, which loss shall include, but not be limited to, a reasonable attorney's fee, whichever is greater. (b) When a lien on real property is adjudged invalid or is otherwise discharged by the court, a certified copy of the judgment of invalidity or discharge recorded on the land records of the town where the certificate of lien was filed fully discharges the lien. If such a discharged or invalid lien is a lien filed on personal property pursuant to section 52-355a , a release of lien in the form prescribed by subsection (c) of section 52-380d , certified to by a clerk of the Superior Court, with reference to and the date of the court order of discharge or invalidity, fully discharges the lien on filing with the Secretary of the State.

Legislative History

(1949 Rev., S. 7232; P.A. 79-602, S. 113; P.A. 82-270; P.A. 83-581, S. 18, 40.) History: P.A. 79-602 rephrased provisions but made no substantive changes; P.A. 82-270 specified the manner in which a lienor is to be given notice to discharge a lien, and authorized a court to award damages, and specified the amount of such damages, if a certificate of lien was filed without just cause; P.A. 83-581 made section applicable to liens on “personal property”, required the lienor upon receipt of the notice to discharge the lien by sending a release by first class mail, inserted Subsec. indicators and rephrased Subsec. (a) and provided that a copy of the discharge of a lien on real property recorded on the land records fully discharges the lien and, that if a discharged or invalid lien is a lien on personal property, a release of the lien in the form prescribed by Sec. 52-380d(c) certified by a court clerk and filed with the secretary of the state fully discharges the lien. Action to declare highway assessment invalid. 133 C. 1. Cited. 168 C. 371; 192 C. 10; 225 C. 102; 228 C. 574. Cited. 14 CA 157; 36 CA 206; 37 CA 764; 46 CA 63. Judgment lien discharged as invalid because marital dissolution judgment regarding child's educational expenses did not order payment of a sum certain and cannot be characterized as a money judgment. 99 CA 347. No indication that legislature intended for the phrase “certificate of lien” to include mortgages, therefore defendant not required to make counterclaim for discharge of mortgage pursuant to section. 219 CA 881. Cited. 15 CS 358. The binding effect of a waiver in a subcontract of the right to a mechanic's lien is not obviated by the contractor's breach of contract; section does not provide an adequate remedy to these plaintiffs and their petition in equity for a summary discharge of the liens should be granted. 22 CS 293. Cited. 31 CS 209; 42 CS 460. Cited. 6 Conn. Cir. Ct. 456. Subsec. (a): Commissioner of Public Works has interest sufficient to contest tax lien on property which is subject to long-term financing agreement entered into by commissioner, since Sec. 4b-46 exempts from taxation property that is the subject of such agreements. 53 CA 438.