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Foreclosure Law Appellate Court Opinion

by Zigadto, Janet


AC46406 - No. 2 Fraser Place Condominium Assn., Inc. v. Mathis ("More than ten years ago, the plaintiff, No. 2 Fraser Place Condominium Association, Inc., a unit owners' association of a common interest community, brought the underlying action to foreclose a statutory lien for unpaid monthly common expense assessments and late charges in accordance with General Statutes ยง 47-258 regarding a condominium unit (unit) owned by the defendant Sharon Mathis and occupied by her daughter, the defendant Shalonda Mathis. The court rendered a judgment of strict foreclosure on September 23, 2013, and set law days to commence on November 18, 2013. The law days passed without redemption but, to date, the plaintiff has not taken possession of the unit.

The defendants now appeal from the judgment of the court denying an application for a writ of audita querela (application) filed by Sharon Mathis, in which she argues that the latest in a series of ejectment orders obtained by the plaintiff should be enjoined on the ground that, prior to the passing of the law days in 2013, she purportedly had reached an agreement with the plaintiff to pay off the judgment amount, performed in accordance with that agreement, and, thus, effectively redeemed her ownership interest such that title to her unit never passed to the plaintiff by operation of law following the passage of the law days. The defendants claim that the court improperly (1) concluded that the evidence presented in support of the application did not support a finding that the parties had reached and performed on any agreement to satisfy the debt and redeem the property, (2) failed to conclude that the granting of the application was necessary to avoid an inequitable windfall to the plaintiff, and (3) declined to admit into evidence certain exhibits offered by the defendants' counsel at the hearing on the application. We disagree and, accordingly, affirm the judgment of the trial court.")