§ 52-325a — Application for discharge. Forms. Hearing.

Connecticut § 52-325a

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 904: Attachments

Text

(a) Whenever a notice of lis pendens is recorded against any real property pursuant to subsection (a) of section 52-325, the property owner, if the action has not then been returned to court, may make application, together with a proposed order and summons, to the superior court for the judicial district to which the action is made returnable, or to any judge thereof, that a hearing or hearings be held to determine whether such notice of lis pendens should be discharged. The court or judge shall thereupon order reasonable notice of such application to be given to the plaintiff and shall set a date or dates for the hearing or hearings to be held thereon. If such plaintiff is not a resident of this state such notice shall be given by personal service, registered or certified mail, publication or such other method as the court or judge shall direct. At least seven days notice shall be given to the plaintiff prior to the date of such hearing. (b) The application, order and summons shall be substantially in the following form: APPLICATION FOR DISCHARGE OF NOTICE OF LIS PENDENS To the .... Court of .... The undersigned represent(s): 1. That .... is the owner of the real property described in schedule A attached hereto; 2. That on or about .... (date) .... (name of plaintiff) of .... (address of plaintiff) recorded a notice of lis pendens affecting such real property and gave notice thereof; 3. That there is not probable cause to sustain the validity of the plaintiff's claim or, in an action that alleges an illegal, invalid or defective transfer of an interest in real property, that the initial illegal, invalid or defective transfer of an interest in real property occurred sixty years or more prior to the commencement of the action; 4. That the applicant seeks an order for discharge of such recorded notice of lis pendens. .... (Name of Applicant) By: .... His Attorney ORDER The above application having been presented to the court, it is hereby ordered that a hearing be held thereon at .... (time) on .... (date) and that the applicant give notice to the following persons: .... (Names and addresses of persons entitled to notice) of the pendency of said application and of the time when it will be heard by causing a true and attested copy of the application and of this order to be served upon such persons by some proper officer or indifferent person on or before .... and that due return of such notice be made to this court. Dated at .... this .... day of ...., 20... .... (Clerk of the Court) SUMMONS To a state marshal of the county of ...., or either constable of the town of ...., in said county, Greeting: By authority of the state of Connecticut, you are hereby commanded to serve a true and attested copy of the above application and order upon ...., of .... by leaving the same in his hands or at his usual place of abode (or such other notice as ordered by the court) on or before .... Hereof fail not but due service and return make. Dated at .... this .... day of .... 20... .... (Commissioner of the Superior Court) (1) The clerk upon receipt of all such documents in duplicate, if he finds them to be in proper form, shall fix a date for a hearing on the application and sign the order of hearing and notice. A copy of the original document shall be placed in the court file. (2) The clerk shall deliver to the applicant's attorney the original of such documents for service. Service having been made, such original documents shall be returned to such court with the endorsement by the officer of his actions. (c) If the action for which notice of lis pendens was recorded, is pending before any court, the property owner may at any time, unless the application under subsection (a) of this section has previously been ruled upon, move that such notice of lis pendens be discharged of record.

Legislative History

(P.A. 81-8, S. 2, 9; P.A. 82-472, S. 140, 183; P.A. 87-589, S. 15, 33, 87; Oct. Sp. Sess. P.A. 93-4, S. 2, 4; P.A. 00-99, S. 113, 154.) History: P.A. 82-472 substituted “actions” for “doings” in Subsec. (b)(2); P.A. 87-589 made technical changes, restoring text inadvertently omitted through computer error; Oct. Sp. Sess. P.A. 93-4 amended Subsec. (b) to allow the applicant to represent in the application as a reason for discharge of the notice that, in an action alleging an illegal, invalid or defective transfer of an interest in real property, the initial illegal, invalid or defective transfer occurred 60 years or more prior to the commencement of the action, effective November 12, 1993, and applicable to any notice of lis pendens recorded before, on or after said date; (Revisor's note: In 1995 in the “SUMMONS” the sentence “Hereof fail not but due serve and return make.” was changed editorially by the Revisors to “Hereof fail not but due service and return make.”); P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subsec. (b), effective December 1, 2000 (Revisor's note: The references in Subsec. (b) of this section to the date “19..” were changed editorially by the Revisors to “20..” to reflect the new millennium). Cited. 189 C. 471; 209 C. 15; 217 C. 24. Cited. 10 CA 166; 11 CA 211; 36 CA 469; 45 CA 324. Cited. 39 CS 195; 40 CS 312. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.