When a mortgage or lien on real estate has been foreclosed and one or more parties owning any interest in or holding an encumbrance on such real estate subsequent or subordinate to such mortgage or lien has been omitted or has not been foreclosed of such interest or encumbrance because of improper service of process or for any other reason, all other parties foreclosed by the foreclosure judgment shall be bound thereby as fully as if no such omission or defect had occurred and shall not retain any equity or right to redeem such foreclosed real estate. Such omission or failure to properly foreclose such party or parties may be completely cured and cleared by deed or foreclosure or other proper legal proceedings to which the only necessary parties shall be the party acquiring such foreclosure title, or his successor in title, and the party or parties thus not foreclosed, or their respective successors in title.
Conn. Gen. Stat. § 49-30
Omission of parties in foreclosure actions
Applied in 2 court decisions — leading case Ct. Housing Finance Authority v. Bowden, No. Cv99 00794 36 (Nov. 17, 1999) (1999)
Most recently applied in 2003 Conn. Super. Ct. 3186 - American Business Credit v. Cancellaro, No. Cv 02 0170465 (Mar. 11, 2003) (March 2003)
(1949 Rev., S. 7211.)
Official source: Connecticut General Assembly. Reproduced from public-domain Connecticut statutes; confirm against the official source for the current text. Not legal advice.