Connecticut General Statutes

Conn. Gen. Stat. § 49-26 (2026)

Conveyance; title of purchaser

✓ current as of May 2026
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When a sale has been made pursuant to a judgment therefor and ratified by the court, a conveyance of the property sold shall be executed by the person appointed to make the sale, which conveyance shall vest in the purchaser the same estate that would have vested in the mortgagee or lienholder if the mortgage or lien had been foreclosed by strict foreclosure, and to this extent such conveyance shall be valid against all parties to the cause and their privies, but against no other persons. The court, at the time of or after ratification of the sale, may order possession of the property sold to be delivered to the purchaser and may issue an execution of ejectment after the time for appeal of the ratification of the sale has expired. When a sale has been made pursuant to a foreclosure by market sale in accordance with sections 49-24 to 49-24g, inclusive, 49-27 and 49-28, a conveyance of the property sold shall be executed by the person appointed to make the sale, which conveyance shall be valid against all parties to the cause and their privies, and all parties subject to the action by virtue of section 52-325. The court, at the time of or after the sale in the case of a foreclosure by market sale may order possession of the property sold to be delivered to the purchaser and may issue an execution of ejectment after the time for appeal of the judgment of foreclosure by market sale has expired.

(1949 Rev., S. 7207; P.A. 90-280; P.A. 92-38, S. 2; P.A. 14-84, S. 9; 14-217, S. 207; P.A. 16-65, S. 90.)

History: P.A. 90-280 amended section to permit court to issue an execution of ejectment at the time of or after ratification of sale, effective after time for appeal of the ratification of sale has expired; P.A. 92-38 changed provision re issuance of execution of ejectment by permitting issuance after the time for appeal of ratification of the sale has expired; P.A. 14-84 added provisions re conveyance of property in foreclosure by market sale; P.A. 14-217 changed effective date of P.A. 14-84, S. 9, from October 1, 2014, to January 1, 2015, effective June 13, 2014; P.A. 16-65 replaced “but against no other persons” with “and all parties subject to the action by virtue of section 52-325”.

Purchaser does not get title which will prevent redemption by subsequent encumbrancer not made party to foreclosure. 89 C. 64. Necessity and effect of ratification by court. 98 C. 153. Right of committee to require deposit without court order. Id., 154. Procedure where purchaser defaults. Id., 155. Cited. 235 C. 741.

Cited. 9 CA 446; 13 CA 239; 22 CA 396. Motion to open and set aside approval of sale filed during an appeal period stays proceedings until court rules on the motion. 98 CA 72.

Cited. 43 CS 467.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1987–2025 · leading case: Wells Fargo Bank of Minnesota, N.A. v. Morgan, 909 A.2d 526 (Conn. App. Ct. 2006).
Wells Fargo Bank of Minnesota, N.A. v. Morgan, 909 A.2d 526 (Conn. App. Ct. 2006). · cites it 9× “The right to appeal this issue is expressly recognized by General Statutes § 49-26, which provides in relevant part that “[t]he court, at the time of or after ratification of the sale, may order possession of the property sold to be delivered to the purchaser and may issue an…”
Mortg. Elec. Reg. Sys., Inc. v. White, 896 A.2d 797 (Conn. 2006). · cites it 7× “General Statutes § 49-26 provides that after a sale has been ratified or confirmed by the court, a conveyance of the property sold shall be executed by the person appointed to make the sale, which conveyance shall vest in the purchaser the same estate that would have vested in…”
Nat'l City Mortg. Co. v. Stoecker, 888 A.2d 95 (Conn. App. Ct. 2006). · cites it 2× “General Statutes § 49-26 provides that after a sale has been ratified or confirmed by the court, “a conveyance of the property sold shall be executed by the person appointed to make the sale, which conveyance shall vest in the purchaser the same estate that would have vested in…”
Connecticut Sav. Bank v. Howes, 519 A.2d 1216 (Conn. App. Ct. 1987). · cites it 2× ““When a sale has been made pursuant to a judgment therefor and ratified by the court, a conveyance of the property sold shall be executed by the person appointed to make the sale, which conveyance shall vest in the purchaser the same estate that would have vested in the…”
Citibank, N.A. v. Lindland, 27 A.3d 423 (Conn. App. Ct. 2011). · cites it 6× “Rather, pursuant to General Statutes § 49-26, 10 a conveyance of the *663 property sold shall be executed by the committee, which conveyance shall vest in the purchaser the same estate that would have vested in the mortgagee if the mortgage had been foreclosed by strict…”
Quicken Loans, Inc. v. Rodriguez, 227 Conn. App. 806 (Conn. App. Ct. 2024). “Instead, as set forth in General Statutes § 49-26, after a sale has been ratified or con- firmed by the court, ‘‘a conveyance of the property sold shall be executed by the person appointed to make the sale, which conveyance shall vest in the purchaser the same estate that would…”
Emc Mortg. Corp. v. Rossi, 659 A.2d 212 (Conn. Super. Ct. 1995). · cites it 2× “General Statutes § 49-26 specifically authorizes the court to order possession of the property to be delivered to the purchaser at the time of, or, after ratification of, a foreclosure sale.”
Gen. Elec. Employees Fed. Credit Union v. Zakrzewski, 670 A.2d 274 (Conn. 1996). · cites it 4× “On the other hand, if improprieties at the foreclosure sale raise questions about its validity, the debtor may move the court, pursuant to General Statutes § 49-26, 5 to exercise its equitable power to withhold ratification of the sale.”
Ne. Sav., F.A. v. Hopkins, 578 A.2d 136 (Conn. App. Ct. 1990). · cites it 2× “2d 1216 (1987) (court’s holding based on General Statutes § 49-26); see also Merry-Go-Round Enterprises, Inc.”
Water Pollution Control Auth. v. Johnson, 26 A.3d 87 (Conn. App. Ct. 2011). · cites it 4× “3 Relying on General Statutes § 49-26, 4 JMP objected to the motion on the ground that its title in the foreclosed property had become absolute.”
Reverse Mortg. Solutions, Inc. v. Widow(er), Heir(s) &/or Creditors of the Est. of Beryl E. Rowland (Conn. App. Ct. 2025). · cites it 2× “Instead, as set forth in General Statutes § 49-26, after a sale has been ratified or confirmed by the court, a conveyance of the property sold shall be executed by the person appointed to make the sale, which conveyance shall vest in the purchaser the same estate that would have…”
Reverse Mortg. Solutions, Inc. v. Widow(er), Heir(s) &/or Creditors of the Est. of Beryl E. Rowland (Conn. App. Ct. 2025). · cites it 2× “Instead, as set forth in General Statutes § 49-26, after a sale has been ratified or confirmed by the court, a conveyance of the property sold shall be executed by the person appointed to make the sale, which conveyance shall vest in the purchaser the same estate that would have…”
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