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 Supreme Court Opinion

by Zigadto, Janet


SC20817 - M&T Bank v. Lewis ("This foreclosure appeal presents two questions, namely, (1) whether the administrative law filed rate doctrine implicates the trial court’s subject matter jurisdiction, and (2) whether allegations of impropriety in a mortgagee’s force placement of property insurance arise from the making, validity or enforcement of the mortgage for purposes of a special defense to a foreclosure action. The defendant, Robert R. Lewis, appeals from the judgment of foreclosure by sale in favor of the plaintiff, M&T Bank. The defendant claims that the trial court improperly granted the plaintiff’s motion to strike two of the defendant’s special defenses arising from the plaintiff’s conduct in its force placement of flood insurance on the property at issue, alleging that the plaintiff has unclean hands and breached the implied covenant of good faith and fair dealing on the ground that those defenses do not arise from the making, validity or enforcement of the mortgage. The plaintiff contends to the contrary, and also argues that the regulatory approval of the premium rate for the property insurance at issue renders the defendant’s special defenses moot under the filed rate doctrine. Having concluded that the filed rate doctrine does not implicate the court’s subject matter jurisdiction, we agree with the defendant’s claims with respect to his special defenses. Accordingly, we reverse the judgment of the trial court.")