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

 

AC45109 - JPMorgan Chase Bank, National Assn. v. Essaghof ("This foreclosure action returns to us on remand from the Supreme Court. In our prior opinion, this court rejected the various claims raised by the defendants, Roger Essaghof and Katherine Marr-Essaghof, who had appealed from the judgment of the trial court granting the motion of the plaintiff, JPMorgan Chase Bank, National Association, to reset the law days in accordance with a previous remand order of our Supreme Court. See JPMorgan Chase Bank, National Assn. v. Essaghof, 217 Conn. App. 93, 95, 287 A.3d 1124 (2022), vacated, 346 Conn. 909, 288 A.3d 1031 (2023). The defendants thereafter filed a petition for certification with the Supreme Court, in which they challenged only this court’s conclusion that the trial court properly had denied their motion to dismiss predicated on the plaintiff’s alleged noncompliance with the notice requirement of the Emergency Mortgage Assistance Program (EMAP) set forth in General Statutes § 8- 265ee (a).

By order dated February 16, 2023, our Supreme Court granted that petition, vacated the judgment of this court, and remanded the case to us ‘with direction to reconsider in light of [its] decision in Bank of New York Mellon v. Tope, 345 Conn. 662, 286 A.3d 891 (2022).’ See JPMorgan Chase Bank, National Assn. v. Essaghof, 346 Conn. 909, 288 A.3d 1031 (2023). This court then ordered the parties to file supplemental briefs on the impact of that decision on the present appeal and heard argument from the parties on April 25, 2023. On August 1, 2023, our Supreme Court released its decision in KeyBank, N.A. v. Yazar, 347 Conn. 381, 297 A.3d 968 (2023), which concerns the proper statutory construction of the EMAP notice requirement codified in § 8- 265ee (a). Accordingly, this court ordered the parties to file supplemental briefs on the impact of KeyBank, N.A. v. Yazar, supra, 381, on this appeal. Having considered the defendants’ claim in light of the foregoing, we affirm the judgment of the trial court.")