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Connecticut · TitleConnecticut old mortgages: invalid after 20 or 40 years once an affidavit of possession is recorded

Connecticut lets an owner clear a long-forgotten mortgage from the land records. When record title is still encumbered by an undischarged mortgage and the mortgagor, or those who own the mortgagor's interest, have been in undisturbed possession for at least twenty years after the time the mortgage set for full performance, or for at least forty years from recording if the mortgage doesn't disclose when the debt is payable or performance is due, the mortgage is invalid as a further lien, provided the party in possession records a sworn affidavit of that possession on the land records of the town where the property lies (C.G.S. §49-13a(a)). Before the period runs out, the record holder may record a notice naming the mortgagors, giving the recording information for the mortgage and any assignment, and stating why the mortgage remains valid; that notice tolls the period for ten years from its recording (§49-13a(b)).

What the statutes set

  1. 20 years (§49-13a(a))

    Undisturbed possession 20 years after the mortgage's performance date.

  2. 40 years (§49-13a(a))

    From recording, if the mortgage states no payment or performance date.

  3. Affidavit (§49-13a(a))

    Sworn affidavit of possession recorded on the town land records.

  4. Holder's notice (§49-13a(b))

    Recorded before the deadline, it tolls the period for ten years.

What the TC does when a Connecticut title search shows an old open mortgage

  • Find the mortgage's performance or maturity date in the recorded instrument.
  • Check the land records for a holder's notice recorded under §49-13a(b).
  • If the period has run, have the seller sign and record the affidavit of possession, as the title company directs.

Questions about old Connecticut mortgages

When does an old Connecticut mortgage stop being a lien?

After 20 years of undisturbed possession past the mortgage's performance date, or 40 years from recording if no date is stated, once an affidavit of possession is recorded (C.G.S. §49-13a(a)).

Can a Connecticut lender keep an old mortgage alive?

Yes. Recording a notice before the period runs out tolls it for ten years (C.G.S. §49-13a(b)).

Related guides

Track the old mortgage review and the affidavit of possession as tasks on the deal in ClosingCode.

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Source: Connecticut General Statutes §49-13a (cga.ct.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.