SC20662 - JPMorgan Chase
Bank, National Assn. v. Malick (“The sole issue in this certified appeal concerns the
applicability of the hearsay exception contained in Practice Book § 23-18 (a),
which allows a creditor to prove the amount of the debt in a foreclosure action
by submitting an affidavit ‘of the plaintiff or other person familiar with the
indebtedness,’ rather than through live testimony, ‘where no defense as to the
amount of the mortgage debt is interposed . . . .’ The plaintiff, JPMorgan
Chase Bank, National Association, appeals from the Appellate Court’s judgment
reversing the trial court’s judgment of strict foreclosure rendered against the
named defendant, Abu Hashem Malick. The plaintiff claims that the Appellate
Court incorrectly held that, because the defendant had objected to the amount
of the mortgage debt, § 23-18 (a) did not apply as a matter of law in the
present case. Specifically, the plaintiff argues that, because the defendant
failed to provide admissible evidence to support his claims that the plaintiff
had miscalculated the amount of interest and municipal taxes he owed, the
defendant’s objection did not suffice to bar the application of § 23-18 (a),
and thus the trial court properly allowed the plaintiff to establish the amount
of the debt by affidavit. We disagree with the plaintiff and affirm the
Appellate Court’s judgment.”)