Ronald G. Bozelko v. Alfred A. D'Albero et al. (2011)

MEMORANDUM OF DECISION IN RE APPLICATION FOR DISCHARGE OF LIS PENDENS (# 181)

Before the court is application by Statewide Construction, Inc. (Statewide) to discharge a lis pendens which was filed by Ronald Bozelko on properties owned by Statewide known as 91 McClay Avenue, 99 McClay Avenue and 105 McClay Avenue, East Haven.   Statewide obtained title to said properties from the Town of East Haven.   These properties were sold at public auction by the Town of East Haven who had obtained title to them as a result of the foreclosure of tax liens.   The president of Statewide testified and the court finds that a copy of the lis pendens was never served on Statewide and Statewide was never aware of the existence of the lis pendens until Statewide attempted to sell the properties to third parties.

Connecticut General Statutes § 52–325(c) provides in relevant part:  “․ no recorded notice of lis pendens shall be valid or constitute constructive notice thereof unless the party recording such notice, not later than thirty days after such recording, serves a true and attested copy of the recorded notice of lis pendens upon the owner of record of the property affected thereby.   The notice shall be served upon the owner, if the owner resides in the same town in which the real property is located, by any proper officer or indifferent person, by leaving a true and attested copy of such recorded notice with the owner or at the owner's usual place of abode.   If the property owner does not reside in such town, such copy may be served by any proper officer or indifferent person, by mailing such copy, by registered or certified mail, to the owner at the place where the owner resides.   If such copy is returned unclaimed, notice to such property owner shall be given by publication in accordance with the provisions of section 1–2.”

The court finds that a true and attested copy of the recorded lis pendens was not served on Statewide and the application to discharge the lis pendens of Ronald Bozelko as it pertains to 91 McClay Avenue, 99 McClay Avenue and 105 McClay Avenue, East Haven, Connecticut is granted.

Berdon, J.T.R.

Berdon, Robert I., J.T.R.