Sec. 52-325d. Motion for discharge of invalid notice of lis pendens. - Connecticut Statutes

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Statutes > Connecticut > Title52 > Chap904 > Sec52-325d

      Sec. 52-325d. Motion for discharge of invalid notice of lis pendens. In any action in which (1) a notice of lis pendens was recorded which is not intended to affect real property, or (2) the recorded notice does not contain the information required by subsection (a) of section 52-325 or section 46b-80, as the case may be, or (3) service of process or service of the certified copy of the notice of lis pendens was not made in accordance with statutory requirements, or (4) when, for any other reason, the recorded notice of lis pendens never became effective or has become of no effect, any interested party may file a motion requesting the court to discharge the recorded notice of lis pendens. If the court finds that such notice never became effective or has become of no effect, it shall issue its order declaring that such notice of lis pendens is invalid and discharged, and that the same does not constitute constructive notice. A certified copy of such order may be recorded in the land records of the town in which the notice of lis pendens was recorded.

      (P.A. 81-8, S. 6, 9.)

      Cited. 189 C. 471. Sec. 52-304 et seq. cited. 209 C. 15. Cited. 217 C. 24.

      Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.

State Codes and Statutes

Statutes > Connecticut > Title52 > Chap904 > Sec52-325d

      Sec. 52-325d. Motion for discharge of invalid notice of lis pendens. In any action in which (1) a notice of lis pendens was recorded which is not intended to affect real property, or (2) the recorded notice does not contain the information required by subsection (a) of section 52-325 or section 46b-80, as the case may be, or (3) service of process or service of the certified copy of the notice of lis pendens was not made in accordance with statutory requirements, or (4) when, for any other reason, the recorded notice of lis pendens never became effective or has become of no effect, any interested party may file a motion requesting the court to discharge the recorded notice of lis pendens. If the court finds that such notice never became effective or has become of no effect, it shall issue its order declaring that such notice of lis pendens is invalid and discharged, and that the same does not constitute constructive notice. A certified copy of such order may be recorded in the land records of the town in which the notice of lis pendens was recorded.

      (P.A. 81-8, S. 6, 9.)

      Cited. 189 C. 471. Sec. 52-304 et seq. cited. 209 C. 15. Cited. 217 C. 24.

      Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.

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State Codes and Statutes

Statutes > Connecticut > Title52 > Chap904 > Sec52-325d

      Sec. 52-325d. Motion for discharge of invalid notice of lis pendens. In any action in which (1) a notice of lis pendens was recorded which is not intended to affect real property, or (2) the recorded notice does not contain the information required by subsection (a) of section 52-325 or section 46b-80, as the case may be, or (3) service of process or service of the certified copy of the notice of lis pendens was not made in accordance with statutory requirements, or (4) when, for any other reason, the recorded notice of lis pendens never became effective or has become of no effect, any interested party may file a motion requesting the court to discharge the recorded notice of lis pendens. If the court finds that such notice never became effective or has become of no effect, it shall issue its order declaring that such notice of lis pendens is invalid and discharged, and that the same does not constitute constructive notice. A certified copy of such order may be recorded in the land records of the town in which the notice of lis pendens was recorded.

      (P.A. 81-8, S. 6, 9.)

      Cited. 189 C. 471. Sec. 52-304 et seq. cited. 209 C. 15. Cited. 217 C. 24.

      Cited. 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241. Lis pendens statute(s) Sec. 52-325 et seq. cited. Id.