Archive for Connecticut
This consolidated appeal comes to us on remand from our Supreme Court. In Gagne v. Vaccaro, 133 Conn. App. 431, 439, 35 A.3d 380 (2012), this court held that the trial court improperly failed to recuse itself from hearing the motion for appellate attorney’s fees, discovery objections, and motion for contempt filed by the plaintiff, […]
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Leave a Comment (0) →The defendant…claims that the trial court (1) improperly concluded that the plaintiff…had standing to bring this foreclosure action, and, thus, that the court had subject matter jurisdiction, on the basis of its erroneous determination that the plaintiff was the holder of the notes at issue, and (2) abused its discretion in permitting the plaintiff to […]
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Leave a Comment (0) →The plaintiff… appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the defendant…in this action to foreclose a commercial mortgage. The court concluded that the plaintiff failed to prove that the defendant was in default of the mortgage note and, accordingly, declined to award the plaintiff […]
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Leave a Comment (0) →The original plaintiff…commenced this residential mortgage foreclosure action in June, 2009, against the defendant…. The defendant appeals from the judgment of strict foreclosure rendered by the trial court on September 10, 2013. On appeal, the defendant claims that the court improperly granted the plaintiff’s motion for summary judgment because the plaintiff lacked standing to institute […]
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Leave a Comment (0) →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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Leave a Comment (0) →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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Leave a Comment (0) →The defendant…appeals from the trial court’s judgment of strict foreclosure rendered in favor of the plaintiff…. On appeal, the defendant claims that the trial court erred by: (1) failing to complete an evidentiary hearing prior to denying her motion to dismiss, and (2) denying her motion to reargue. We affirm the judgment of the trial […]
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Leave a Comment (0) →The dispositive issue in this appeal is whether equity and common sense will permit a mortgage, which had been omitted from a prior foreclosure action but which had no value at the time of that action, to now be foreclosed. We hold that it may not and, accordingly, reverse the judgment of the trial court. […]
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Leave a Comment (0) →In this residential mortgage foreclosure action, the defendant…has filed consolidated appeals from the trial court’s denial of two motions to open the judgment of strict foreclosure rendered in favor of the plaintiff…. The defendant claims that the court improperly denied the first motion to open because it reached its decision before hearing the parties’ oral […]
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Leave a Comment (0) →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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