The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Foreclosure Law Appellate Court Opinion

by Penn, Michele


AC41242 - IP Media Products, LLC v. Success, Inc.("In this appeal, the plaintiff, IP Media Products, LLC, brought a foreclosure action against the defendant, JD's Café I, Inc., seeking to enforce a mortgage and note that were conveyed and signed, respectively, by a purportedly different entity, namely, JD's Café I, LLC. On appeal, the plaintiff claims that the trial court improperly concluded that it could not recover against the defendant because (1) the complaint contained no allegations against the defendant; (2) the entity that conveyed the mortgage and signed the note was not the named defendant; and (3) the mortgage and note were executed without the requisite corporate authority. As to the third claim, the plaintiff does not challenge the court's finding of lack of corporate authority, but argues for the first time on appeal that, because it is a holder in due course, this defense does not apply to it. We conclude that because this argument was not preserved, the plaintiff's third claim fails. Moreover, because we affirm the judgment of the trial court on this basis, we need not address the remainder of the plaintiff's claims.")