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 Mazur, Catherine


AC38252 - Bank of America, N.A. v. Chainani ("In this appeal from a judgment of strict foreclosure after a trial, the defendant, Steven Chainani, challenges the applicability of Practice Book § 23-18 (a), under which the plaintiff, Bank of America, N.A., was permitted to establish the amount of the debt at issue via an affidavit of debt, rather than through the presentation of live testimony from witnesses. The defendant's arguments implicate two affidavits that were admitted at separate hearings; however, his claims attack only the use of these affidavits to the extent they were used to establish the amount of the debt, for which the court used only the second affidavit. The relevant affidavit was admitted at a hearing to determine the form of the judgment and was used to determine the amount of the debt pursuant to § 23-18 (a). The defendant argues that the trial court erred because § 23-18 (a) was not applicable to this case. He asserts that this was not harmless error because the affidavit was the only evidence offered to establish the amount of the debt. For the reasons that follow, we conclude that the affidavit was admitted properly under § 23-18 (a) and, accordingly, we affirm the judgment of the trial court.")