HB 7064 — AN ACT CONCERNING REVISIONS TO THE VALIDATING ACT.

Substitute House ofBill Representatives General Assembly File No.

7487064 JanuaryPublic Session,Act 2025 Substitute House Bill No.

706425-136 HouseAN ofACT Representatives,CONCERNING AprilREVISIONS 23,TO 2025THE TheVALIDATING CommitteeACT. on Judiciary reported through REP.

STAFSTROM of the 129th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT CONCERNING REVISIONS TO THE VALIDATING ACT.

sHB7064(2) /The Fileinstrument No.is attested by one witness only or by no witnesses;

748(3) 1In sHB7064the Filecase of a conveyance by a corporation, limited liability company, partnership, limited partnership, or limited liability Substitute House Bill No.

7487064 (2)partnership, Theor by any other entity authorized to hold and convey title to real property within this state, the instrument isdesignated attestedsuch byentity oneas witnessthe onlygrantor but was signed or acknowledged by noan witnesses;individual in the individual capacity of such person;

(3) In the case of a conveyance by a corporation, limited liability company, partnership, limited partnership, or limited liability partnership, or by any other entity authorized to hold and convey title to real property within this state, the instrument designated such entity as the grantor but was signed or acknowledged by an individual in the individual capacity of such person;

sHB7064Public /Act File No.

74825-136 2 sHB7064of File6 Substitute House Bill No.

7487064 (5) The record does not disclose the date of recording;

(A)Public TheAct instrumentNo. was executed by an attorney-in-fact but was signed or acknowledged by the attorney-in-fact without reference to his or her capacity;

sHB706425-136 /3 Fileof 6 Substitute House Bill No.

7487064 3(A) sHB7064The Fileinstrument No.was executed by an attorney-in-fact but was signed or acknowledged by the attorney-in-fact without reference to his or her capacity;

748 (B) The instrument was executed by an attorney-in-fact but does not reference the power of attorney;

Any recorded deed, mortgage, lease, release, assignment or other instrument made for the purpose of conveying, leasing, mortgaging or affecting any interest in real property in this state, which instrument is executed by a fiduciary, but which instrument is voidable because the fiduciary is the grantee, mortgagee, leasee, releasee or assignee designated in such instrument, is as valid as if it had been executed without the defect unless an action isPublic commencedAct toNo. avoid and set aside such instrument and a notice of lis pendens is recorded in the land records of the town or towns where the instrument is recorded within ten years from the date of recording of such instrument.

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7064 is commenced to avoid and set aside such instrument and a notice of lis pendens is recorded in the land records of the town or towns where the instrument is recorded within ten years from the date of recording of such instrument.

Any recorded deed, mortgage, lease, power of attorney, release, assignment or other sHB7064instrument /made Filefor No.the purpose of conveying, leasing, mortgaging or affecting any interest in real property in this state, [recorded after January 1, 1997,] which instrument was executed by an executor, administrator, guardian, trustee, conservator or other fiduciary pursuant to an order or authorization of the court of probate and which contains any one or more of the following defects, is as valid as if it had been executed without the defect:

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748 instrument made for the purpose of conveying, leasing, mortgaging or affecting any interest in real property in this state, [recorded after January 1, 1997,] which instrument was executed by an executor, administrator, guardian, trustee, conservator or other fiduciary pursuant to an order or authorization of the court of probate and which contains any one or more of the following defects, is as valid as if it had been executed without the defect:

(2)Required notice of theprobate court hearing ontheapplication for an order of sale was not given, provided either (A) the fiduciary has accounted for the proceeds of the sale in an administration account that has been approved and accepted by the court after notice and hearing, and from which order of approval and acceptance no appeal has been taken, or (B) no action challenging the validity of the instrument is commenced and no notice of lis pendens is recorded in the land records of the town or towns where the instrument is recorded within two years afterPublic theAct instrumentNo. is recorded;

(3)25-136 The5 fiduciary failed to recite in the instrument the basis of the6 authoritySubstitute byHouse whichBill the fiduciary acted, provided either (A) an affidavit that complies with section 47-12a, that references the volume, page, and date of the instrument, and that recites the authority pursuant to which the fiduciary executed that instrument is recorded in the land records of the town or towns in which the instrument is recorded, or (B) no action challenging the validity of the instrument is commenced and no notice sHB7064 / File No.

7487064 5after sHB7064the Fileinstrument No.is recorded;

748(3) The fiduciary failed to recite in the instrument the basis of the authority by which the fiduciary acted, provided either (A) an affidavit that complies with section 47-12a, that references the volume, page, and date of the instrument, and that recites the authority pursuant to which the fiduciary executed that instrument is recorded in the land records of the town or towns in which the instrument is recorded, or (B) no action challenging the validity of the instrument is commenced and no notice oflispendensisrecordedinthelandrecordsofthetownortownswhere the instrument is recorded within two years after the instrument is recorded.

ThisGovernor's actAction: shall take effect as follows and shall amend the following sections:

SectionApproved 1June July30, 1, 2025 47-36aaPublic JUDAct JointNo. Favorable Subst.

sHB706425-136 /6 Fileof No.6

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748 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill, which extends current law's validation of recorded real property documentswithcertaindefectsor omissions, is not anticipated to result ina fiscal impact to thestate or municipalitiesasthe documents largely concern private parties.

The Out Years State Impact:

None Municipal Impact:

None sHB7064 / File No.

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