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Foreclosure Law

Foreclosure Law Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3359

AC41378 - Connecticut Community Bank, N.A. v. Kiernan ("The plaintiff, Connecticut Community Bank, N.A., doing business as the Greenwich Bank & Trust Company, appeals from the judgment of the trial court awarding what it claims to be an allegedly insufficient amount of attorney's fees after finding the defendant James T. Kiernan, Jr., liable pursuant to a mortgage note that he executed in favor of the plaintiff. The plaintiff claims on appeal that the trial court erred by excluding from its award any attorney's fees that it had incurred in protecting the priority of its mortgage as to a subsequent encumbrancer, M&T Bank, formerly known as Hudson City Savings Bank (M&T Bank), which it had brought into this action as a defendant on its claim of interpleader. We affirm the judgment of the trial court.")


Foreclosure Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3335

AC40405 - Bank of America, N.A. v. Gonzalez ("The defendant William Gonzalez appeals from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, Bank of America, N.A. On appeal, the defendant claims that the court erred by concluding that he had failed to satisfy his burden of proving that the mortgage broker was an agent or employee of the original mortgagee and concluding, on that basis, that he had failed to prove any of his special defenses, all of which were based on the alleged conduct of the broker. The defendant further claims that the trial court incorrectly concluded that he had failed to sustain his burden of proving that the mortgage was unconscionable. We disagree with the defendant and, accordingly, affirm the judgment of the trial court.")

AC40408 - People's United Bank, National Assn. v. Purcell ("The defendant Kevin Purcell appeals following the trial court's denial of his motion to open the judgment of foreclosure by sale and to dismiss the action. Specifically, the defendant claims that the trial court should have dismissed the action because it lacked personal jurisdiction over him due to insufficient service of process on him. We affirm the judgment of the trial court.")


Foreclosure Law Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3299

AC40229 - Wells Fargo Bank, N.A. v. Tarzia ("This is the third appeal in this foreclosure action to reach this court in the nearly ten years this matter has been litigated. The named defendant Joseph S. Tarzia appeals from the trial court's denial of his motion to open and vacate the court's judgment of strict foreclosure. Although the self-represented defendant's appellate brief is not a model of clarity, we construe his claims to be that the court (1) erred by denying his motion to open and vacate based on new evidence of fraud (2) erred by concluding that the plaintiff possessed the note when it filed this foreclosure action and (3) violated his right to due process by failing to view his case in its entirety as mandated by the mosaic rule. We disagree.")


Landlord/Tenant Law Appellate Court Opinion

   by Zigadto, Janet

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3295

AC40627 - Federal National Mortgage Assn. v. Buhl ("The present appeal in this summary process action stems from the foreclosure of real property located at 12 Casner Road in East Haddam. The self-represented defendants, Paul Buhl and Luce Buhl, appeal from the judgment of possession rendered in favor of the plaintiff, Federal National Mortgage Association. On appeal, the defendants claim that the trial court (1) improperly determined that they did not commence an action pursuant to General Statutes § 47-36aa (a), (2) improperly determined that the deed to the subject property was valid despite notarial defects, (3) abused its discretion by allowing the plaintiff's counsel to give unsworn testimony, and (4) abused its discretion by rendering a default judgment against Luce Buhl for failure to appear at trial. We disagree and affirm the judgment of the trial court.")


Foreclosure Law Appellate Court Opinion

   by Roy, Christopher

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3266

AC40199 - Citibank, N.A. v. Stein ("The present appeal concerns the foreclosure of real property located at 983 New Norwalk Road in New Canaan (property). The self-represented defendant, Brian Stein, appeals from the judgment of strict foreclosure rendered in favor of the substitute plaintiff, Wilmington Trust, N.A. (Wilmington Trust), as successor trustee to the plaintiff, Citibank, N.A. (Citibank), as trustee of the holders of Bear Stearns Alt-A Trust 2006-6, Mortgage Pass-Through Certificates, Series 2006-6. On appeal, the defendant claims that the trial court, Heller, J., (1) erred by denying his motion to dismiss, (2) abused its discretion by denying his motion to reargue and for reconsideration, (3) abused its discretion by refusing to consider, after the June 2015 trial, documents the defendant considered newly discovered evidence, (4) erred in finding that the mortgagor had defaulted on the note and default notice, and (5) erred under J.E. Robert Co. v. Signature Properties, LLC, 309 Conn. 307, 71 A.3d 492 (2013), in concluding that Citibank had proven its right as a nonholder in possession to bring the foreclosure action. We affirm the judgment of the trial court.")


Foreclosure Law Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3243

AC38555 - Deutsche Bank National Trust Co. v. Fritzell ("he defendant, Clifford D. Fritzell, III, appeals from the trial court's denial of his motion to open the judgment of strict foreclosure rendered in favor of the plaintiff, Deutsche Bank National Trust Company. On appeal, the defendant claims that the trial court (1) erroneously denied his motion to open (2) erred by failing to vacate its order setting the law days for February 17 and 18, 2015 (3) improperly placed the burden on him to demonstrate lack of notice of the plaintiff's motion for judgment of strict foreclosure and (4) erred by penalizing him for being a former attorney. The first two claims involve the defendant's central argument that, contrary to the conclusion of the trial court, notice of the plaintiff's motion for judgment of strict foreclosure and the court's judgment of foreclosure sent to the address the defendant had provided on his appearance form did not sufficiently notify him of the proceedings against him. We agree with the court that the defendant received the notice to which he was entitled, but conclude that because there was no practical relief available to the defendant, the court should have dismissed the motion to open instead of denying it.")


Foreclosure Law Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3220

AC39040 - Seaside National Bank & Trust v. Lussier ("The defendant, Gerald Lussier, also known as Gerald J. Lussier, appeals from the judgment of strict foreclosure rendered in favor of the plaintiff, Seaside National Bank & Trust. On appeal, the defendant claims that the trial court (1) improperly granted the plaintiff's motion for summary judgment as to liability, (2) violated his constitutional right to procedural due process by denying him the opportunity to depose the plaintiff's affiant upon whose testimony the court relied in rendering judgment, and (3) abused its discretion in denying his request for a continuance pursuant to Practice Book § 17-47 and in granting the plaintiff's motion for a protective order. We affirm the judgment of the trial court.")


Foreclosure Law Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3178

AC39679 - U.S. Bank National Assn. v. Eichten ("In this foreclosure action, the defendant Karin C. Eichten appeals from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, U.S. Bank National Association, as trustee, successor in interest to Bank of America, National Association as trustee as successor by merger to LaSalle Bank, National Association as trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT 2007-HY2. The defendant claims that, in rendering summary judgment as to liability in the plaintiff's favor with respect to the plaintiff's foreclosure complaint, the court erred in concluding that a genuine issue of material fact did not exist with respect to her special defenses of equitable estoppel, breach of the covenant of good faith and fair dealing, promissory estoppel, unclean hands, and breach of contract, all of which pertain to the conduct of the plaintiff's loan servicer, Chase Home Finance, LLC (Chase), in denying the defendant's application for a loan modification under the federal Home Affordable Modification Program (HAMP). Additionally, the defendant claims that the court improperly rendered summary judgment in the plaintiff's favor on her counterclaim sounding in breach of contract. We reverse the judgment of the trial court.")


Foreclosure Law Appellate Court Opinions

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3166

AC39985 - Christiana Trust v. Lewis ("The defendant, Walter J. Lewis, Jr., who is also known as Walter J. Lewis, appeals from the judgment of strict foreclosure rendered by the trial court in favor of the substitute plaintiff, Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, as Trustee for Normandy Mortgage Loan Trust, Series 2015-17 (substitute plaintiff). On appeal, the defendant claims that the court improperly rendered summary judgment, as to liability only, in favor of the named plaintiff, Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, as Trustee for Stanwich Mortgage Loan Trust, Series 2012-17 (original plaintiff), because a genuine issue of material fact exists as to whether the signature on the mortgage is his. We agree and reverse the judgment of the trial court.")

AC40653 - Hirsch v. Woermer ("The defendant, William S. Woermer, appeals from the judgment of foreclosure by sale rendered by the trial court in favor of the plaintiff, Sandra M. Hirsch, Trustee. On appeal, the defendant claims that the court improperly (1) granted the plaintiff's motion to strike his special defense of unconscionability and (2) denied his motion to open. We affirm the judgment of the trial court.")


Foreclosure Law Appellate Court Opinions

   by Roy, Christopher

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3144

AC39229 - Real Estate Mortgage Network, Inc. v. Squillante ("The defendant Laura Squillante appeals from an order of the trial court denying her motion to reopen a judgment of strict foreclosure. On appeal, the defendant claims that the trial court erred in denying her motion because, although it was filed approximately nine months after the applicable law day, title had not vested in the plaintiff, Real Estate Mortgage Network, Inc., and, thus, the court had jurisdiction to reopen the judgment of strict foreclosure. We do not agree.")

AC39907 - Glastonbury v. Sakon ("In this tax lien foreclosure action, the defendant John Alan Sakon appeals from the judgment of the trial court granting the plaintiff’s request for attorney’s fees and costs. On appeal, the defendant claims that the attorney’s fees awarded by the court were excessive and unreasonable. We conclude that the amount of attorney’s fees awarded to the plaintiff did not constitute an abuse of discretion and, accordingly, affirm the judgment of the trial court.")

AC38937 - Sovereign Bank v. Harrison ("In this foreclosure action, the plaintiff, Sovereign Bank, appeals from the order of the trial court granting the motion of the defendant, Angela Harrison, to restore her third special defense to the docket following the plaintiff’s voluntary withdrawal of its action. The plaintiff’s principal claim on appeal is that the trial court erred in interpreting the defendant’s special defense as a counterclaim and, therefore, lacked the authority to restore it to the docket. We agree and, accordingly, reverse the order of the trial court.")


Foreclosure Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3119

AC40451 - Goodwin Estate Assn., Inc. v. Starke ("The defendant Daryl L. Starke appeals from a condominium foreclosure judgment in favor of the plaintiff, the Goodwin Estate Association, Inc., arising from the defendant's failure to pay common charges and assessments levied on his condominium unit. The defendant's sole reviewable claim on appeal stems from the trial court's denial of his motion to dismiss the action for lack of subject matter jurisdiction. The defendant claims that the trial court erred in denying his motion to dismiss because (1) the court improperly considered the equities and length of proceedings when deciding the motion, and (2) the plaintiff did not properly adopt its standard foreclosure policy in violation of statute and the plaintiff's declaration, thereby depriving the trial court of jurisdiction. We affirm the trial court's judgment.")


Foreclosure Law Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3087

AC39350 - Bank of America, N.A. v. Kydes ("The defendant, Andrew D. Kydes, appeals from the judgment of strict foreclosure rendered by the trial court in favor of the substitute plaintiff, Christiana Trust, a Division of Wilmington Savings Fund Society, FSB Not in Its Individual Capacity but as Trustee of ARLP Trust 5 (Christiana Trust). On appeal, the defendant claims that the trial court erred: (1) in relying upon a "procedural default" to find that the named plaintiff, Bank of America, N.A. (Bank of America), had standing to bring the instant action, and thus that the court had subject matter jurisdiction over the action; and (2) in failing to hold an evidentiary hearing on his claim that Bank of America lacked standing to bring this action. We disagree, and thus affirm the judgment of the trial court. ")


Foreclosure Appellate Court Opinions

   by Roy, Christopher

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3075

AC38806 - Wells Fargo Bank, N.A. v. Lorson ("The defendants, Eric Lorson and Laurin Maday, appeal from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, Wells Fargo Bank, N.A. On appeal, the defendants claim that the court improperly found that the plaintiff met its burden of proving its prima facie case and that the defendants failed to prove their special defenses of equitable estoppel and unclean hands. We affirm the judgment of the trial court.")

AC40307 - Webster Bank, N.A. v. Frasca ("The plaintiff, Webster Bank, N.A., appeals from the trial court’s denial of its motion for a deficiency judgment following a judgment of strict foreclosure against the defendants Brian J. Frasca and Allison D. Brant. On appeal, the plaintiff asserts three claims: (1) the court committed plain error by (a) failing to consider two valuations of the property found in the appraisal report of the plaintiff’s expert witness, (b) imposing an incorrect burden of proof under General Statutes § 49-14, and (c) making comments during the hearing that demonstrated judicial bias; (2) the court abused its discretion by erroneously relying on various exhibits submitted during the deficiency judgment hearing; and (3) the court abused its discretion by denying the plaintiff’s motion for a protective order in response to the defendant’s notice of deposition. We affirm the judgment of the trial court.")


Foreclosure Appellate Court Opinions

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3065

AC39955 - HSBC Bank USA, N.A. v. Hallums ("The defendant, Mark A. Hallums, appeals from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, HSBC Bank USA, N.A., as Trustee for the Registered Holders of Nomura Home Equity Loan, Inc.On appeal, the defendant claims that the court improperly:(1) rendered a judgment when the plaintiff lacked standing in the case; (2) rendered a judgment in the absence of jurisdiction because there was no state law right to pursue a foreclosure action in light of the defendant's discharge of the debt in bankruptcy; and (3) refused to apply the best evidence rule and the clean hands doctrine.We affirm the judgment of the trial court.")

AC39880 - Jenzack Partners, LLC v. Stoneridge Associates, LLC ("The defendant Jennifer Tine appeals from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, Jenzack Partners, LLC. On appeal, the defendant claims that the trial court improperly: (1) held that Sovereign Bank had assigned the defendant's guarantee to the plaintiff and the plaintiff had standing to foreclose on the mortgage; (2) determined that the plaintiff had established the amount of debt due on the subject note; and (3) granted attorney's fees and costs to the plaintiff. We agree with the defendant's second claim and, accordingly, we reverse the judgment of the trial court only as to Jennifer Tine.")


Foreclosure Law Appellate Court Opinion

   by Roy, Christopher

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3058

AC40704 - Deutsche Bank National Trust Co. v. Fraboni ("This appeal comes to us on a reservation of a legal issue pursuant to General Statutes § 52-235 and Practice Book § 73-1. The stipulation of the parties presents two questions for the advice of this court: (1) '[Except where otherwise provided by statute or other law,] [d]oes the filing of an appeal "after the time to file an appeal has expired" . . . automatically stay the trial court proceedings in a noncriminal case pursuant to Practice Book § 61-11 until the final determination of the cause?' and (2) 'If the answer to the first question is not categorically no, then did the filing of [the] defendant’s appeal in this instance "after the time to file an appeal [had] expired" result in an automatic stay of execution [pursuant to Practice Book § 61-11] which tolled the running of his law day.' We answer both questions in the negative.")


Foreclosure Appellate Court Opinions

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3028

AC39665 - Bank of New York Mellon v. Horsey ("The defendant, Wade H. Horsey II, appeals from the judgment of strict foreclosure rendered in favor of the substitute plaintiff, The Bank of New York Mellon, as Successor Trustee for JPMorgan Chase Bank, N.A., as Trustee for Novastar Mortgage Funding Trust, Series 2005-2 Novastar Home Equity Loan Asset-Backed Certificates, Series 2005-2. The defendant claims on appeal that the trial court improperly (1) granted the substitute plaintiff's motion to open a disciplinary judgment of dismissal because it disregarded the standard set forth in General Statutes § 52-212 and Practice Book § 17-43; (2) exhibited bias against the defendant; (3) failed to ensure that the defendant timely received a preliminary statement of the substitute plaintiff's monetary claim in accordance with Practice Book § 23-18 (b); (4) rendered summary judgment as to the defendant's liability; (5) declined to dismiss the foreclosure action pursuant to Practice Book § 17-9; (6) failed to consider his argument that "bifurcation" of the note and mortgage had rendered them unenforceable; (7) failed to address the issue of the substitute plaintiff's standing to prosecute this action; and (8) failed to consider whether the substitute plaintiff had engaged in fraud upon the court. The defendant's claims either are unpreserved, inadequately briefed, or fail to persuade us that the court's actions constitute reversible error. Accordingly, we affirm the judgment of strict foreclosure and remand the case to the trial court for the purpose of setting new law days.")

AC40259 - Deutsche Bank National Trust Co. v. Pollard ("In this foreclosure action, the self-represented defendant Alvin Pollard appeals from the trial court's rendering of summary judgment in favor of the plaintiff, Deutsche Bank National Trust Company, as to liability on the complaint and rendering summary judgment in favor of the plaintiff on the defendant's counterclaim. The defendant appeals, as well, from the court's denial of his motion to reargue. We affirm the judgment of the trial court as to the defendant's counterclaim.")


Foreclosure Law Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3017

AC40123 - Tedesco v. Agolli ("The defendants, Resmije Agolli and Fikri Development, LLC (Fikri), appeal from the judgment of foreclosure by sale rendered in favor of the substitute plaintiff, Scott Tedesco, trustee of the Heritage Builders of Waterbury, LLC, 401 (k) Profit Sharing Plan. On appeal, the defendants challenge the trial court's findings with respect to the dates of disassociation and removal of Gina Antonios as member and Joseph Antonios as manager of Fikri. The defendants also claim that the court improperly found that Agolli, as a member of Fikri, had the authority to bind Fikri to the mortgage at issue in the present case.")


Foreclosure Law Appellate Court Opinion

   by Zigadto, Janet

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=2981

AC39426 - Wells Fargo Bank, N.A. v. Melahn ("The defendant . . . appeals, specifically pursuant to Practice Book § 61-2, from the judgment of the trial court rendered in favor of the plaintiff . . . as trustee, on the defendant's second amended counterclaim. In his appellate brief, the defendant also claims to be appealing from the court's order striking his amended special defenses. We dismiss the appeal as to the striking of the special defenses, and we affirm the judgment in all other respects.")


Foreclosure Law Appellate Court Opinion

   by Zigadto, Janet

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=2969

AC38934 - Aurora Loan Services, LLC v. Condron ("The defendants . . . appeal from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff Nationstar Mortgage, LLC. On appeal, the defendants claim that the court improperly rendered judgment of strict foreclosure because (1) the plaintiff failed to satisfy a contractual condition precedent to foreclosure, namely, compliance with the requirement of notification by mail specified in the mortgage deed; (2) the plaintiff failed to satisfy a statutory condition precedent, as required by the Emergency Mortgage Assistance Program (mortgage program) pursuant to the provisions of General Statutes § 8-265ee (a); and (3) the plaintiff lacked the authority to foreclose. The judgment is reversed and the case is remanded with direction to dismiss the action.")


Foreclosure Appellate Court Opinion

   by Mazur, Catherine

 https://www.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=2955

AC39836 - GMAC Mortgage, LLC v. Demelis ("The defendant Courtney Demelis appeals from the judgment of strict foreclosure rendered by the trial court in favor of the substitute plaintiff, Ditech Financial, LLC (Ditech). The defendant claims that the court abused its discretion by: (1) denying her motion to dismiss for the original plaintiff’s failure to comply with an order of the court; (2) denying her motion to dismiss based on the original plaintiff’s failure to prosecute the case with reasonable diligence; and (3) denying her postjudgment motion for articulation, reconsideration and/or reargument. We affirm the judgment of the trial court.")


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