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 Appellate Court Opinions

by Zigadto, Janet


AC43849 - Gibson v. Jefferson Woods Community, Inc. (Motion to dismiss; standing; subject matter jurisdiction; "The plaintiff, Lilly M. Gibson, appeals from the judgment of the trial court granting the motion of the defendant Jefferson Woods Community, Inc. (Jefferson Woods), to dismiss the action.On appeal, Gibson claims that, in granting Jefferson Woods' motion to dismiss, the court improperly determined that she lacked standing (1) to seek foreclosure and (2) to pursue her claim of unjust enrichment. We disagree and, accordingly, affirm the judgment of the trial court.")

AC44143 - U.S. Bank, National Assn. v. Fitzpatrick (Judgment of foreclosure by sale; whether trial court erred in granting motion to approve sale without newspaper advertisements; motion to terminate stay; mootness; right of redemption; "In this foreclosure action, the defendant Christopher M. Fitzpatrick appeals from the judgment of the trial court approving the sale of the mortgaged property, on the motion of the committee of sale (committee), following the court's rendering of a judgment of foreclosure by sale in favor of the plaintiff mortgagee, U.S. Bank, National Association, as Trustee for MASTR 2007-2. On appeal, the defendant argues that his objection to the motion for approval of committee sale, which was based on a lack of newspaper advertisements, should have been sustained. The plaintiff argues that this appeal is moot because the defendant failed to seek review of the court's termination of the appellate stay and, thus, title to the subject property has vested in the plaintiff. We agree with the plaintiff that this court can provide no practical relief on appeal, and, therefore, we dismiss the appeal as moot.")