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


AC43835 - Bayview Loan Servicing, LLC v. Gallant ("The defendant Real M. Gallant appeals from the judgment of foreclosure by sale rendered by the trial court and from the court's denial of his motion to dismiss this foreclosure action, which had been commenced by the original plaintiff, Bayview Loan Servicing, LLC (Bayview), the assignee of a note and mortgage that had been executed by the defendant with respect to certain real property located in Brooklyn. The defendant claims that (1) the trial court, after holding an evidentiary hearing on the motion to dismiss, improperly determined that the substitute plaintiff, U.S. Bank Trust, N.A., as trustee for LSF9 Master Participation Trust (U.S. Bank), has standing to maintain this action, even though the original note was not produced in court, and that the requirements of General Statutes ยง 42a-3-309, which governs lost instruments, had been satisfied because 'all reasonable attempts' had been made to locate the lost note before a lost note affidavit was created, and (2) a fraud was perpetrated on the trial court, which necessitates a reversal of the foreclosure judgment. We disagree and affirm the judgment of the trial court.")