A title search on a property in New Haven, Connecticut reveals a mortgage recorded in 2018, a mechanic's lien recorded in 2021, and a judgment lien recorded in 2022. The property owner defaults and the first mortgage holder initiates a strict foreclosure action in 2024. The court sets a law day. If none of the junior lienholders redeem by their respective law days, what happens to the mechanic's lien and judgment lien under Connecticut's strict foreclosure process?
Correct Answer
B) Both liens are extinguished and the foreclosing lender receives title free and clear of those junior encumbrances
Under Connecticut's strict foreclosure process (CGS §§ 49-1 et seq.), when junior lienholders fail to redeem by their court-assigned law days, their interests are foreclosed and extinguished. The foreclosing first mortgagee receives title free and clear of all junior encumbrances that were named in the foreclosure action and failed to redeem. This is the defining characteristic of strict foreclosure — title passes directly to the lender without a public sale, and junior interests that do not redeem are cut off.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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