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 Supreme Court Opinion

by Townsend, Karen


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.”)