Conn. Gen. Stat. » Title 49 — MORTGAGES AND LIENS · Chapter 846 — Mortgages
Connecticut General Statutes

Conn. Gen. Stat. § 49-30 (2026)

Omission of parties in foreclosure actions

✓ current as of May 2026
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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.

(1949 Rev., S. 7211.)

Does not change common law rights of those parties who had been omitted from the first foreclosure and thus does not create substantive rights. 278 C. 219.

Cited. 37 CA 764. Section establishes procedure for foreclosing an encumbrance that is omitted in the original foreclosure; term “encumbrance” refers to recorded encumbrances; section intended to benefit foreclosing party who, through mistake or oversight, omitted an encumbrance; it is not intended to be used as a sword by the omitted party. 63 CA 624. Section unconditionally imposes the risk of undisclosed liens on the purchaser of property at a foreclosure sale, and imposes no duty to warn prospective purchasers of the risk of an undisclosed lien, although equity requires reasonable cautionary instructions to prospective purchasers. 130 CA 692. Court not required to act sua sponte to include interested party in a foreclosure action. 156 CA 1.

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Secs. 49-30a to 49-30o. Reserved for future use.

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Notes of Decisions
Cited in 22 cases (10 in the last 5 years), 1995–2024 · leading case: Mortg. Elec. Reg. Sys., Inc. v. White, 896 A.2d 797 (Conn. 2006).
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Mortg. Elec. Reg. Sys., Inc. v. White, 896 A.2d 797 (Conn. 2006). · cites it 38× “1 The defendants contend that the trial court improperly concluded that the plaintiffs foreclosure rights were not extinguished or invalidated by a previous foreclosure action, by operation of General Statutes § 49-30 2 as a matter of law or equity, even though the plaintiff…”
Fed. Deposit Ins. v. Bombero, 657 A.2d 668 (Conn. App. Ct. 1995). · cites it 27× “The first was instituted pursuant to General Statutes § 49-30, 1 to remedy the omis *766 sion of the defendant from the foreclosure action.”
Tappin v. Homecomings Fin. Network, Inc., 830 A.2d 711 (Conn. 2003). · cites it 5× “The plaintiff was never added as a party to the foreclosure action, and the defendant did not foreclose the plaintiffs interest as an omitted party pursuant to General Statutes § 49-30. 4 *745 Thereafter, an execution of ejectment was issued against Mullings and was served on…”
Faught v. Edgewood Corners, Inc., 772 A.2d 1142 (Conn. App. Ct. 2001). · cites it 3× “Section 49-30 provides: “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…”
Saunders v. KDFBS, LLC, 335 Conn. 586 (Conn. 2020). · cites it 2× “205 (‘‘all encum- brancers subsequent in right to the interest being fore- closed must be made parties to the action’’ (emphasis added)); see also General Statutes § 49-30 (providing procedure when mortgage or lien on real estate has been foreclosed and party holding encumbrance…”
City of Bridgeport v. 2284 Corp., 778 A.2d 222 (Conn. App. Ct. 2001). · cites it 8× “We hold that if a tenant’s lease is not recorded, the tenant has no right to be part of the foreclosure action and, more specifically, is not entitled to a law day.”
Lucas v. Deutsche Bank Nat'l Trust Co., 931 A.2d 378 (Conn. App. Ct. 2007). · cites it 10× “4 The defendant responded by filing an omitted party foreclosure action pursuant to General Statutes § 49-30. 5 *765 The defendant thereafter filed an application in the plaintiffs foreclosure action to discharge the judgment lien and lis pendens, and a motion to terminate the…”
Dime Sav. Bank v. Arpaia, 738 A.2d 715 (Conn. App. Ct. 1999). · cites it 2× “” General Statutes § 49-30. Any defects in this case were merely circumstantial and curable by General Statutes § 52-123.”
LendingHome Marketplace, LLC v. Traditions Oil Grp., LLC, 209 Conn. App. 862 (Conn. App. Ct. 2022). · cites it 2× “3 General Statutes § 49-30 provides: ‘‘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…”
Town of Trumbull v. Palmer, 934 A.2d 323 (Conn. App. Ct. 2007). “The defendant argues that the court improperly found her to be the sole owner of the property in light of the fact that the complaint alleged ownership of someone who was not a party to the foreclosure action.”
Found. Capital Resources, Inc. v. Udo-Okon (D. Conn. 2023). · cites it 23× “The lender invokes a statute—Conn. Gen. Stat. § 49-30—that allows for a second round of foreclosure proceedings against parties who were omitted from a prior foreclosure proceeding.”
Stonybrook Gardens Coop., Inc. v. Newrez, LLC (Conn. App. Ct. 2024). · cites it 12× “In this omitted party action commenced pursuant to General Statutes § 49-30,1 the defendant, 1 General Statutes § 49-30 provides: ‘‘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…”
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