Supreme Court « J.E. Baver Law Group, LLC

Archive for Supreme Court

Deutsche Bank National Trust Co. v. Perez — 2/6/2015

In this certified appeal, the plaintiff…appeals from the judgment of the Appellate Court reversing the judgment of the trial court and remanding the case to that court with direction to render judgment in favor of the defendants…on the reformation count, and in favor of Shaw on the foreclosure count. Deutsche Bank National Trust Co. v. […]

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Posted in: Connecticut, Foreclosure Decisions, State, Supreme Court

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E & M Custom Homes, LLC v. Negron — 11/17/2014

The plaintiff, E & M Custom Homes, LLC, brought an action seeking the foreclosure of a mechanic’s lien on certain real property belonging to the defendants Alberto Negron and Luz Maria Negron in connection with services that the plaintiff had provided related to the construction of a single-family residence on the property….We granted the plaintiff’s […]

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Posted in: Connecticut, Foreclosure Decisions, State, Supreme Court

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Hartford v. McKeever — 10/20/2014

The primary issue that we must resolve in this certified appeal is whether the Appellate Court properly determined as a matter of law that the plaintiff, the city of Hartford, as assignee of the note and mortgage executed by the defendant…did not take the note and mortgage subject to the defendant’s affirmative claims against the […]

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Posted in: Connecticut, Dissent, Foreclosure Decisions, State, Supreme Court

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JP Morgan Chase Bank, NA v. Winthrop Properties, LLC — 7/21/2014

The sole issue in this certified appeal is whether General Statutes § 49-1, under which the foreclosure of a mortgage is a bar to further action against persons liable for the payment of the mortgage debt, note or obligation who are, or may be, made parties to the foreclosure, applies to guarantors of the mortgage […]

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Posted in: Connecticut, Foreclosure Decisions, State, Supreme Court

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Gagne v. Vaccaro — 4/28/2014

The present action is the culmination of a disagreement between two attorneys that has lasted decades. The plaintiff… appeals from the judgment of the Appellate Court, which concluded that General Statutes § 51-183c required Hon. Anthony V. DeMayo, judge trial referee, to recuse himself from presiding over a hearing regarding the reasonableness of attorney’s fees. […]

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Posted in: Connecticut, Foreclosure Decisions, State, Supreme Court

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Citibank, N.A. v. Lindland — 9/3/2013

The principal issue in this certified appeal is whether the trial court had authority to open a judgment of foreclosure by sale and related supplemental judgments after title had passed to the purchaser when a series of errors by the court and the parties caused the purchaser to buy a property that, unbeknownst to him […]

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Posted in: Connecticut, Foreclosure Decisions, State, Supreme Court

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Dissent – Equity One, Inc. v. Shivers — 8/26/2013

McDONALD, J., dissenting. The majority determines that the record was sufficient to establish the standing of the plaintiff to bring the present foreclosure action. The record, however, does not actually reveal a single factual finding by the trial court or any evidence that affirmatively establishes the requisite facts necessary to support the plaintiff’s standing. Instead, […]

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Posted in: Connecticut, Dissent, Foreclosure Decisions, State, Supreme Court

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Equity One, Inc. v. Shivers — 8/26/2013

In this certified appeal, the plaintiff…appeals from the judgment of the Appellate Court, which reversed the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff. The plaintiff claims that the Appellate Court incorrectly concluded that the trial court improperly had failed to conduct an evidentiary hearing to determine whether the […]

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Posted in: Connecticut, Foreclosure Decisions, State, Supreme Court

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J.E. Robert Co. v. Signature Properties, LLC — 7/10/2013

As the securitization of mortgage loans has become increasingly favored by financial lenders, and as arrangements for the administration of these loans have become increasingly complex, the relationship between the debtors/mortgagors and the owners of these debts has become more attenuated. Consequently, in foreclosure actions across the country on loans subject to these arrangements, challenges […]

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Posted in: Connecticut, Foreclosure Decisions, State, Supreme Court

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