AC48113 - Bordiere v. Chandler ("In this mortgage foreclosure action, the plaintiff, Patricia K. Bordiere, appeals from the judgment of the trial court rendered in favor of the defendant Patrani J. Chandler. On appeal, the plaintiff claims that the court erred in (1) finding in favor of the defendant on her special defense of promissory estoppel and (2) not finding that the oral agreement on which the defendant relied in discontinuing her payments on the mortgage was unenforceable under the statute of frauds. We disagree and affirm the judgment of the trial court.")

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The 2025 edition of our research guide on Foreclosure of Mortgages in Connecticut has been added to our research guides webpage.

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AC46466 - Doe v. Lamb ("This civil action concerns the criminal conduct of the defendant Christopher Lamb, who, utilizing Internet services and computer devices provided by the defendant JoAnn Lohbush, hacked into the personal accounts of and harassed and exploited a number of innocent victims. The plaintiffs—Jane Doe 1, Jane Doe 2, Jane Doe 3, and John Doe 1—jointly appeal from the partial summary judgment rendered in favor of the defendant. The plaintiffs claim that the trial court improperly rendered summary judgment in favor of the defendant because she voluntarily assumed a duty of care as to the plaintiffs or, in the alternative, that the defendant owed a general duty of care arising from her affirmative conduct. We affirm the judgment of the trial court.")

AC46630 - Speer v. Nationstar Mortgage, LLC ("In this foreclosure and bankruptcy related action, the self-represented plaintiff, Sheri Speer, appeals from the judgment of the trial court granting the motion to dismiss her complaint in favor of the defendant, Nationstar Mortgage, LLC, doing business as Mr. Cooper, for lack of subject matter jurisdiction. The plaintiff contends that the court improperly concluded that she lacked standing to maintain the claim set forth in her complaint due to the fact that she commenced this action during the pendency of a bankruptcy proceeding. More specifically, the plaintiff argues that the court improperly concluded that her claim was the property of the bankruptcy estate and was not abandoned by the trustee. We agree with the plaintiff that the court improperly dismissed her complaint. Accordingly, we reverse the judgment of the trial court and remand the case with direction to deny the defendant's motion to dismiss.")

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AC47889 - Deutsche Bank Trust Co. Americas v. Burke ("The defendants Kevin R. Burke and Maura Lee Wahlberg bring this amended appeal from the trial court's granting of the application for execution of ejectment brought by the plaintiff, Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2005-QA10, and its denial of the defendants' motion for judgment on the plaintiff's claim under the mortgage note, seeking money damages. On appeal, the defendants claim that the court improperly (1) granted the plaintiff's application for execution of ejectment on the ground that their objection thereto was moot and (2) denied their motion for judgment on the plaintiff's claim for a deficiency judgment under the mortgage note. We reverse the judgment of the trial court and remand the case with direction to vacate the execution of ejectment, to make a new finding as to the appraisal of the property, to make a new finding as to the amount of the debt, to set new law days, and for other proceedings according to law.")

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AC47211 - U.S. Bank National Assn. v. Melcon ("In this foreclosure action, the defendants Israel Melcon and Antonia Melcon appeal from the judgment of the trial court denying their August 21, 2023 postjudgment motion to open the judgment of strict foreclosure in favor of the plaintiff, U.S. Bank National Association. On appeal, the defendants claim that the court incorrectly determined that it lacked subject matter jurisdiction to open the judgment of strict foreclosure on the ground that title already had vested in the plaintiff, thereby rendering the defendants' motion to open moot. We agree with the defendants and, accordingly, reverse the judgment of the trial court.")

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AC46642 - Hudson City Savings Bank v. Hellman ("The defendants Charles D. Hellman and Holly H. Hellman appeal from the judgment of foreclosure by sale rendered by the trial court in favor of the substitute plaintiff, Manufacturers and Traders Trust Company (M&T). We note at the outset that this is the second time the parties have appeared before this court on this matter. In Hudson City Savings Bank v. Hellman, 196 Conn. App. 836, 231 A.3d 182 (2020), we reversed the summary judgment rendered by the trial court in favor of the plaintiff and remanded the case for further proceedings consistent with our opinion. In Hellman, we concluded that summary judgment had been granted improperly because a genuine issue of material fact existed as to whether the plaintiff had provided the defendants with the required EMAP notice. Id., 849. On remand, the trial court addressed the EMAP notice requirement, fully litigated the matter and rendered a judgment of foreclosure by sale. On appeal, the defendants claim that the trial court improperly (1) denied their motion for a continuance in order to conduct further discovery, (2) deemed sufficient the evidence offered by the plaintiff, (3) admitted testimony offered by the plaintiff and excluded testimony offered by the defendants, (4) admitted the testimony of a witness due to judicial bias, and (5) failed to grant the defendants equitable relief under the doctrine of unclean hands. We affirm the judgment of the trial court.")

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AC47213 - Birch Groves Assn., Inc. v. Jordon ("The defendant, Kathleen Casey Jordon, also known as Kathleen C. Jordan, appeals from the judgments of foreclosure by sale rendered in favor of the plaintiff, Birch Groves Association, Inc. On appeal, the defendant claims that the court (1) abused its discretion by not vacating her default for failure to plead, and (2) erred in rendering judgments on the basis of the plaintiff’s affidavit of debt when the debt was disputed by the defendant. We affirm the judgments of the trial court and remand the case for the purpose of setting new sale dates.")

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AC47623 - Manufacturers & Traders Trust Co. v. Virgulak ("In this action to foreclose on a judgment lien, the defendant, Theresa Virgulak, appeals from the decision of the trial court granting the motion filed by the plaintiff, Manufacturers & Traders Trust Co., also known as M&T Bank, to dismiss her special defenses and counterclaim and from the subsequent judgment of foreclosure by sale. On appeal, the defendant claims that the court improperly granted the plaintiff's motion to dismiss her (1) three special defenses and (2) three count counterclaim sounding in vexatious litigation. We disagree with the defendant's first claim but agree with her second claim. We therefore affirm in part and reverse in part the judgment of the court.")

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AC47240 - Norwich v. GHT Trust ("This consolidated appeal involves three separate actions brought by the plaintiff in each action, the city of Norwich (city), seeking to foreclose municipal tax liens on three properties, each of which was held by a different trust. The defendants in the respective actions, The GHT Trust, The Rebner Land Trust, and RLS Trust, appeal from the judgments of the trial court, Spallone, J., denying their motions to open after the trial court, K. Murphy, J., rendered judgments of foreclosure in favor of the city and title had vested in others. On appeal, the defendants claim, inter alia, that the court failed to decide whether it lacked personal jurisdiction over the defendants due to insufficient service of process. We agree and, accordingly, reverse the judgments denying the motions to open and remand the cases to the trial court.")

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AC46985 - U.S. Bank Trust, National Assn. v. Shuey ("The defendants, George Kenneth Shuey and Mary J. Shuey, appeal from the judgment of foreclosure by sale rendered in favor of the substitute plaintiff, U.S. Bank Trust, National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust. On appeal, the defendants claim that the court (1) improperly rendered summary judgment as to liability in favor of the plaintiff on the basis that the defendants failed to establish a genuine issue of material fact as to their special defense of unclean hands and, thereafter, (2) improperly dismissed their counterclaim for lack of standing because, contrary to the conclusion reached by the court, they were not required to identify their counterclaim as an asset on a bankruptcy petition they filed in 2012. We affirm the judgment and remand this case for the purpose of setting a new sale date.")

AC47420 - Capital for Change, Inc. v. Wall Street Associates, LLC ("In this commercial foreclosure action, the defendants, Wall Street Associates, LLC (Wall Street Associates), and Ganga Duleep, appeal following the trial court's judgment of strict foreclosure rendered in favor of the plaintiff, Capital for Change, Inc. On appeal, the defendants claim that the court improperly rendered summary judgment as to liability only in favor of the plaintiff because the court (1) improperly concluded as a matter of law that the defendants could not prevail with respect to their special defense alleging a violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq., and (2) failed to construe their special defense alleging a CUTPA violation as alleging unclean hands. We dismiss the appeal as to Duleep and affirm the judgment of the trial court.")

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AC46628 - Wells Fargo Bank, N.A. v. Bissonnette ("Before us is the fourth mortgage foreclosure action brought against the defendant Paul C. Bissonnette by the plaintiff, Wells Fargo Bank, National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2005-HE6, Asset Backed Pass-Through Certificates, Series OOMC 2005-HE6. In the present action, the trial court rendered a judgment of strict foreclosure, from which the defendant now appeals. The defendant claims that the court improperly rendered the judgment of strict foreclosure because (1) a 2010 loan modification agreement between the plaintiff and the defendant, the default of which in part forms the basis of the present action, was not signed by the plaintiff's agent and, thus, is unenforceable; (2) the defendant should have prevailed on his special defense of res judicata and/or issue preclusion based upon the third foreclosure action, which was resolved in favor of the defendant; and (3) the plaintiff failed to establish that the defendant breached the 2010 loan modification agreement or that it issued the defendant a proper notice of default. We disagree with the defendant's claims. Accordingly, we affirm the judgment of the court and remand the case for the setting of new law days.")

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AC47145 - U.S. Bank National Assn. v. Nehring ("In this protracted foreclosure matter, the self-represented defendant Alexander T. Nehring appeals from the judgment of the trial court denying his motion to open and to vacate the court's judgment of strict foreclosure rendered in favor of the plaintiff, U.S. Bank National Association. The dispositive issue in this appeal is whether the defendant filed 'at least two prior motions to open or other similar motion' pursuant to Practice Book § 61-11(g), such that an automatic appellate stay did not apply to toll the running of the law days. We conclude that no automatic stay applied, and, thus, the law days have passed, divesting the defendant of his interest in the property, and title to the property has vested in the plaintiff. Accordingly, this court cannot provide the defendant any practical relief, and we, therefore, dismiss this appeal as moot.")

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AC47311 - Aspen Properties Group, LLC v. Roberts-Joachim ("The defendant Cathleen Roberts-Joachim, now known as Cathleen Roberts, appeals from the judgment of foreclosure by sale rendered following a court trial in favor of the substitute plaintiff, Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of the Aspen G Trust, a Delaware Statutory Trust. In this appeal, the defendant's principal claim is that the trial court improperly failed to find that one of the substitute plaintiff's predecessors, PNC Bank, N.A. (PNC), abandoned the mortgage that the substitute plaintiff sought to foreclose. We affirm the judgment of the trial court and remand the case for the purpose of setting a new sale date.")

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AC47407 - Bank of America, N.A. v. Klein ("In this residential foreclosure action, the defendant Samuel Klein appeals from the trial court's approval of the committee sale and the committee deed in favor of the plaintiff, Bank of America, N.A. On appeal, the defendant claims that the trial court erred in granting the committee's motion for approval of the committee sale because (1) the motion itself did not attach the committee report and/or (2) the court granted the motion without providing the defendant with an evidentiary hearing. The judgment is affirmed.")

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SC20913 - Cazenovia Creek Funding I, LLC v. White Eagle Society of Brotherly Help, Inc., Group 315, Polish National Alliance ("The named defendant, The White Eagle Society of Brotherly Help, Inc., Group 315, Polish National Alliance, appeals from the judgment of the Appellate Court affirming the trial court's judgment of foreclosure by sale rendered in favor of the substitute plaintiff, Benchmark Municipal Tax Services, Ltd. See Cazenovia Creek Funding I, LLC v. White Eagle Society of Brotherly Help, Inc., Group 315, Polish National Alliance, 220 Conn. App. 770, 772–73, 783, 300 A.3d 1167 (2023). The sole issue in this certified appeal is whether the Appellate Court properly upheld the trial court's determination that there was no genuine issue of material fact regarding whether the tax liens at issue had been validly assigned to the plaintiff. We affirm the judgment of the Appellate Court.")

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AC47204 - Eastern Connecticut Savings Bank v. Venus Developments, LLC ("In this mortgage foreclosure action, the defendant Venus Developments, LLC, appeals from the judgment of the trial court rendered in favor of the plaintiff, Eastern Connecticut Savings Bank, denying its motion to open the court's judgment of foreclosure by sale. On appeal, the defendant claims that the court abused its discretion in denying the motion to open because (1) the plaintiff lacked standing to commence the foreclosure action, (2) the foreclosure judgment improperly included the debt from a second promissory note, which was not part of the complaint and not properly proven, and (3) the plaintiff failed to comply with the notice requirements in Practice Book § 17-22. We agree with the defendant's third claim and, accordingly, reverse the judgment of the trial court.")

AC47141 - Reverse Mortgage Solutions, Inc. v. Widow(er), Heir(s) and/or Creditors of the Estate of Beryl E. Rowland ("In this action to foreclose a reverse mortgage on real property owned by Beryl E. Rowland (decedent), Trinity Tatiana Pylypczuk and Andrew Bryce Pylypczuk (heirs), who are the decedent's grandchildren, appeal from the judgment of the trial court denying their motion to open the judgment of foreclosure by sale rendered by the court in favor of the plaintiff, Mortgage Assets Management, LLC, formerly known as Reverse Mortgage Solutions, Inc. On appeal, the heirs claim that the court abused its discretion by denying their motion to open without a hearing. We disagree and, accordingly, affirm the judgment of the trial court.")

AC47391 - U.S. Bank Trust, N.A. v. O'Brien ("In this mortgage foreclosure action, the defendant Mark E. O'Brien appeals from the judgment of the trial court ordering an execution of ejectment with regard to the foreclosed property. The court concluded that the execution of ejectment could issue because all law days had passed during the pendency of the defendant's prior appeal in this matter and no appellate stay was in effect at that time due to a prior trial court order that purportedly had prospectively terminated any existing and future automatic appellate stays in this matter. Therefore, the court determined that title to the foreclosed property and the right of possession had vested in the substitute plaintiff, U.S. Bank, National Association, as Legal Title Trustee for Truman 2016 SC6 Title Trust. The defendant claims that the court misconstrued the prior trial court's order terminating the appellate stay; an appellate stay was in effect when the latest law days passed; and, accordingly, title never vested in the substitute plaintiff, and the execution of ejectment was premature and violated his right to due process. For the reasons that follow, we agree with the defendant, reverse the judgment of the court, and remand the case with direction to vacate the execution of ejectment and to set new law days.")

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AC47320 - GMAT Legal Title Trust 2014-1, U.S. Bank, National Assn. v. Catale ("This case returns to us following the remand ordered in GMAT Legal Title Trust 2014-1, U.S. Bank, National Assn. v. Catale, 221 Conn. App. 90, 300 A.3d 1218, cert. denied, 348 Conn. 928, 305 A.3d 265 (2023), in which this court, inter alia, affirmed the trial court's judgment of strict foreclosure and remanded the case to that court for the purpose of setting new law days. See id., 113. Upon remand, on December 21, 2023, the substitute plaintiff, RMS Series Trust 2020-1, filed a motion to reset the law days. On January 8, 2024, the defendants Vito Catale and Maria Catale objected to the motion to reset the law days, arguing that the plaintiff had not filed a new appraisal report within 120 days of the new judgment or an updated foreclosure worksheet. On January 8, 2024, the trial court granted the plaintiff's motion—after 'reviewing the plaintiff's motion, the court file and [there being] no objection thereto'—and set the law days to commence on February 6, 2024. On January 12, 2024, the defendants filed a motion to reargue, requesting that the court reconsider its decision because the language in the order indicating that there was 'no objection thereto' was incorrect. The plaintiff filed an objection; the defendants' reply and the plaintiff's surreply followed. On January 26, 2024, the court denied the motion to reargue, quoting this court's remand order; see GMAT Legal Title Trust 2014-1, U.S. Bank, National Assn. v. Catale, supra, 113; and stating that '[t]he only issue before the court was to reset the law day, which it did.' This appeal followed.

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The January 8, 2024 judgment resetting the law day is summarily reversed and the case is remanded for the purpose of making updated findings as to the amount of the debt and the fair market value of the property, to set new law days or a sale date, and for other proceedings according to law pursuant to Wahba v. JPMorgan Chase Bank, N.A., supra, 349 Conn. 483.")

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AC47075 - Woodbridge Crossing Condominium Assn., Inc. v. Ferguson ("In this foreclosure action concerning the alleged nonpayment of common fees, the plaintiff, Woodbridge Crossing Condominium Association, Inc., appeals from the judgment of the trial court rendered in favor of the defendant Gwendolyn Ferguson. On appeal, the plaintiff claims that the court erred in determining that it had not met its burden of proof. We disagree and, accordingly, affirm the judgment of the trial court.")

AC46858 - Norwich v. Brenton Family Trust ("In this municipal tax lien foreclosure action, the defendant Sheri Speer appeals from the judgment of the trial court denying (1) her July 20, 2023 motion to open the judgment of foreclosure by sale rendered in favor of the plaintiff, the city of Norwich, and (2) her motion to reargue that denial. On appeal, the defendant claims that the court (1) abused its discretion in denying the motion to open without a hearing, (2) misinterpreted this court's decision in Norwich v. Brenton Family Trust, 218 Conn. App. 905, 291 A.3d 650, cert. denied, 347 Conn. 906, 297 A.3d 567 (2023), and (3) committed plain error in denying the motion to open. We do not reach the merits of the defendant's claims because, during the pendency of this appeal, the defendant conveyed the property by way of a quitclaim deed to a third party, and, accordingly, we dismiss this appeal as moot.")

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AC 47040 - Retained Realty, Inc. v. Selke ("On September 17, 2024, this court ordered that the parties, the plaintiff, Retained Realty, Inc., and the defendant Christopher A. Selke, file supplemental memoranda addressing whether the defendant’s appeal from the trial court’s judgment of foreclosure by sale of the defendant’s property should be dismissed as moot where, after the trial court terminated the appellate stay, it approved the committee’s sale of the property on April 5, 2024, which extinguished the defendant’s right of redemption, and, thereafter, title to the property vested in the successful bidder. See U.S. Bank, National Assn. v. Fitzpatrick, 206 Conn. App. 509, 514–15, 260 A.3d 1240 (2021); Connecticut Savings Bank v. Howes, 9 Conn. App. 446, 447–48, 519 A.2d 1216 (1987). Neither party filed a response to this order. After a careful review of the record, briefs, and appendices on file, we have determined that this appeal is moot. See, e.g., BNY Western Trust v. Roman, 102 Conn. App. 265, 266–67, 926 A.2d 36 (after sale is approved and relevant appeal periods have expired, any action by mortgagor to redeem should be dismissed as moot), cert. denied, 284 Conn. 935, 937 A.2d 693 (2007). The appeal is dismissed ")

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AC46334 - Crossing Condominium Assn., Inc. v. Miller ("These related appeals brought by the self-represented defendant, Josephine S. Miller, concern two distinct foreclosure proceedings involving the same real property. In Docket No. AC 46334, the defendant appeals from the judgment of foreclosure by sale rendered by the trial court in favor of The Crossing Condominium Association, Inc. (association), claiming that the court abused its discretion in denying her motion to open and vacate that judgment. In Docket No. AC 46586, the defendant appeals from the judgment of foreclosure by sale rendered by the trial court in favor of the plaintiff, U.S. Bank Trust, N.A., as trustee for LSF9 Master Participation Trust (bank), claiming that the court abused its discretion in so doing. We affirm the judgments of the trial court.")

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