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 Zigadto, Janet


AC42829 - Keybank, N.A v. Yazar (Foreclosure; summary judgment; Emergency Mortgage Assistance Program statutory (§ 8-265ee (a)) notice; whether plaintiff's failure to comply with notice requirement of § 8- 265ee (a) deprived trial court of subject matter jurisdiction; whether plaintiff may rely on notice that had been sent by original lender in prior foreclosure action that was later dismissed to satisfy its own notice requirements in separate foreclosure action; "The defendant Ozlem Yazar, a self-represented party, appeals from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff, KeyBank, N.A. On appeal, the defendant claims, inter alia, that the plaintiff failed to comply with General Statutes § 8-265ee (a), the notice provision of the Emergency Mortgage Assistance Program (EMAP), General Statutes § 8-265cc et seq., and that such noncompliance left the court without subject matter jurisdiction to entertain the foreclosure action. We agree and conclude that the failure of the plaintiff (as the original plaintiff in the present action) to mail an EMAP notice to the defendant (as the mortgagor) in connection with the present action deprived the court of subject matter jurisdiction. Accordingly, we reverse the judgment of the trial court and remand the case with direction to dismiss the action.")