PNC Bank, N.A. v. Kelepecz, 289 Conn. 692

Summary

The Supreme Court of Connecticut held that a judgment lien was enforceable despite the lien certificate's omission of the original judgment amount because the recorded information permitted a diligent third party to ascertain that amount from court records. The court also held that a subsequent encumbrancer lacked standing to challenge the lien based on alleged noncompliance with the statutory notice requirement directed to the judgment debtor. The judgment affirming the foreclosure priority determination was affirmed.

Holdings

1. A judgment lien is not invalid or unenforceable merely because its certificate omits the original amount of the secured money judgment, when the information recorded is sufficient to enable a person exercising common prudence and ordinary diligence to ascertain the amount from the identified court records.
2. A subsequent encumbrancer lacks standing to challenge a judgment lien based on the lienor's alleged failure to provide notice of the lien filing to the judgment debtor under § 52-351a, because the statute protects the judgment debtor and does not confer a protected interest on a later encumbrancer.

Questions Presented

1. Whether a judgment lien certificate is invalid and unenforceable against a subsequent encumbrancer because it omits the original amount of the money judgment required by General Statutes § 52-380a(a).
2. Whether a subsequent encumbrancer has standing to challenge a judgment lien based on the lienor's alleged failure to provide notice to the judgment debtor under General Statutes § 52-351a.

Disposition

affirmed