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 Opinions

by Townsend, Karen

 

AC40918 - Saunders v. KDFBS, LLC (Foreclosure by sale in favor of the plaintiff; “At trial, the plaintiff sought a judgment of foreclosure by sale and a declaratory judgment that the plaintiff’s mortgage had priority over the defendants’ mortgage. The defendants argued on appeal that the trial court erred in its determination that the mortgage held by the plaintiff (Saunders mortgage) on the underlying real property had priority over the mortgage held by the defendants (Davis mortgage) on the same property. This court summarily dismissed the appeal for lack of a final judgment. Our Supreme Court granted certification and reversed the decision of this court and remanded the appeal to this court for further proceedings.”)

AC43542, AC43575 - LPP Mortgage Ltd. v. Underwood Towers Ltd. Partnertship (“In these related appeals arising from a commercial foreclosure action, the defendants… claim that the trial court erred in concluding that the plaintiff had standing to foreclose the mortgage because it was not entitled to enforce the promissory note; in relying on the provisions of a regulatory agreement between Underwood and the United States Department of Housing and Urban Development (HUD) to conclude that Underwood had defaulted on the mortgage, and in calculating the amount of the debt owed to the plaintiff; in concluding that foreclosure was an equitable remedy in this case; in awarding monetary damages in addition to the judgment of strict foreclosure; and in awarding damages to the plaintiff under a theory of unjust enrichment. In Docket No. AC 43575, the city challenges the trial court’s conclusion that the plaintiff had standing to foreclose on the ground that New England Savings Bank v. Bedford Realty Corp., 238 Conn. 745, 680 A.2d 301 (1996) (Bedford Realty), the Supreme Court case on which the trial court relied in so concluding, has been overruled sub silentio, or, in the alternative, was improperly decided. We affirm the judgment of the trial court.”)