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Foreclosure Law Appellate Court Opinion

by Zigadto, Janet

 

AC43295 - Ocwen Loan Servicing, LLC v. Mordecai (Claim that trial court 1.) abused its discretion by denying defendants' request to amend answer and special defenses, 2.) improperly grant summary judgment as to liability and 3.) improperly rendered strict foreclosure judgment; "The defendants, Michael A. Mordecai and Elizabeth M. Keyser, appeal from the judgment of strict foreclosure rendered by the trial court in favor of the substitute plaintiff Wilmington Savings Fund Society, F.S.B., D/B/A Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust (Wilmington). The defendants claim that the court (1) abused its discretion by denying their request to amend their special defenses, (2) improperly granted summary judgment as to liability because a genuine issue of material fact existed regarding whether they had defaulted on the note, and (3) misapplied Practice Book ยง 23-18 (a) in rendering a judgment of strict foreclosure because they had asserted a defense regarding the amount of the debt owed. We agree with the defendants that the court abused its discretion by not allowing them to amend their special defenses and, consequently, also improperly granted the motion for summary judgment as to liability and rendered a judgment of strict foreclosure without due consideration of those defenses. Accordingly, we reverse the judgment of the court and remand for further proceedings consistent with this opinion.")