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


AC45366 - Fiorita, Kornhaas & Co., P.C. v. Vilela ("In this foreclosure action, the defendant Joseph Vilela appeals from the judgment of the trial court dismissing his counterclaim against the plaintiff, Fiorita, Kornhaas & Company, P.C. On appeal, the defendant claims that the court improperly determined that his failure to comply with the notice provisions of General Statutes § 49-51, which pertains to the discharge of invalid liens, deprived the court of subject matter jurisdiction over his counterclaim seeking to void the mortgage that is central to this appeal. In particular, the defendant argues that § 49-51 applies only to liens and that a mortgage is not a lien for purposes of that statute. The defendant further claims that the court improperly concluded that it lacked subject matter jurisdiction to consider his challenge to the validity of the mortgage on the grounds of fraud and a violation of public policy and that it exceeded the scope of the plaintiff's motion to dismiss by exercising its discretion to conclude, sua sponte, that the defendant's declaratory judgment claim should not be permitted to proceed. We agree with the defendant's first claim and reverse the judgment of the trial court.")