Beginning January 1, 2026, Connecticut property owners and real estate professionals will benefit from an important update to the state law governing old mortgages that were never properly released of record. This change—enacted as Connecticut Public Act 25-46—amends Conn. Gen. Stat. § 48-13a and shortens the time a homeowner must wait before clearing an unreleased, outdated mortgage from their property’s title.

This update brings long-needed relief to sellers, buyers, and attorneys by reducing delays at closing and helping ensure that title can be conveyed cleanly and confidently.

Why Mortgage Releases Matter for a Clear Title

Any time a property is sold or refinanced, the title must be free of liens or encumbrances that could call ownership into question. A mortgage—even one that was paid off decades ago—remains a lien until the lender files a release with the town clerk. If no release is recorded, that old mortgage continues to appear in the title search and must be addressed before a sale can proceed.

This is where homeowners often run into trouble. Older mortgages may belong to lenders that have merged, been acquired, or dissolved. Records may not exist. Tracking down the successor lender can take weeks, and sometimes no successor can be identified at all. These situations can stall or jeopardize an otherwise straightforward closing.

Connecticut law therefore provides a statutory solution: after a certain number of years without activity, a homeowner may file an affidavit to clear the old mortgage from the land records—without needing to prove payment. The affidavit itself operates as the release by virtue of the time that has passed.

Public Act 25-46 now shortens that wait.

The Law Today, And What Public Act 25-46 Changes

Under the existing version of Conn. Gen. Stat. § 48-13a, a property owner had to wait 20 years from the stated maturity date—or, if none was stated, from the recording date—before filing an affidavit to discharge an unreleased, outdated mortgage.

Public Act 25-46, effective January 1, 2026, amends this statute and reduces the waiting period to 10 years.

This means that beginning in 2026:

• If a mortgage has been of record for at least 10 years beyond its maturity date (or 10 years after recording if no maturity date is stated),
• And no lender has recorded a release, assignment, or notice of interest during that time,
• The property owner may file a statutory Affidavit explaining that the mortgage has expired by operation of the statute.

Importantly, the homeowner does not need to prove that the mortgage was paid. The statute does the work: once the required years have passed, the affidavit itself serves as the legal release.

Why This Matters for 2026 Sellers, Buyers & Real Estate Professionals

For Homeowners and Sellers

A cleaner title means a smoother sale. With the shorter 10-year timeframe, many property owners who previously had no immediate remedy will now be able to clear an outdated mortgage before listing their home. That means:

• Fewer title delays at closing
• Less scrambling to find old lender records
• More predictable and timely transactions

If you plan to sell in 2026 or beyond, this is an ideal time to request a preliminary title review so you can address any old liens in advance.

For Buyers

A clear title is critical for a confident purchase. This updated law reduces the risk of a last-minute issue emerging late in the transaction.

For Real Estate Agents & Attorneys

Public Act 25-46 will streamline deal timelines and reduce transactional risk. Title agents and closing attorneys can now rely on a 10-year standard when advising clients and coordinating closings.

• Faster resolutions for unreleased mortgages
• Reduced reliance on defunct lenders or unresponsive servicers
• Better predictability for closing dates

Steps to Take Now That the Law Is Updated

Homeowners:

Ask your attorney to run a title check early in the process if you’re preparing to sell. Old mortgages that once posed a problem may now be easily removable.

Buyers:

Ensure your closing team evaluates old liens using the updated 10-year rule.

Real Estate Agents:

Build this updated statute into your listing preparation so there are no surprises.

Moving Forward With Confidence in 2026

This legislative update provides meaningful relief for anyone involved in Connecticut real estate. If you believe your property may have an old, unreleased mortgage (or if you’re preparing for a closing in 2026) get in touch. I’m here to help you understand your options and ensure your title is clean, clear, and ready for transfer.