J.E. Baver Law Group, LLC

Archive for Appellate

Citimortgage, Inc. v. Rey — 5/27/2014

This appeal calls upon the court to decide whether, in a residential foreclosure action in which the parties have participated in court-sponsored forbearance mediation and in which a final forbearance agreement has been reported to the court, a defendant may counterclaim for damages allegedly caused by the plaintiff’s subsequent pursuit of the foreclosure complaint in […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State, Uncategorized

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East Windsor v. East Windsor Housing, Ltd. — 5/12/2014

The plaintiff…appeals from the order of the trial court denying in large part its request for attorney’s fees in conjunction with seven foreclosure actions. On appeal, the plaintiff claims that the attorney’s fees awarded by the court were unreasonable as a matter of law and fact. We conclude that the amount of attorney’s fees awarded […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Connecticut Housing Finance Authority v. Muhammad — 4/28/2014

The defendant…appeals from the judgment of foreclosure by sale, rendered by the trial court, in favor of the plaintiff…. Shortly after this appeal was argued in the Appellate Court, the trial court, on February 3, 2014, issued an order approving the committee sale, deed and report. The defendant did not appeal from that order, and […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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JPMorgan Chase Bank, N.A. v. Georgitseas — 4/17/2014

The defendant…appeals from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff…. On appeal, the defendant makes three claims pertaining to the court’s reliance on a ‘drive-by’ or ‘exterior-only’ appraisal dated more than 120 days before the date of the judgment in its calculation of the subject property’s fair […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Deutsche Bank Trust Co. Americas DeGennaro — 4/17/2014

The defendant…appeals from the judgment of strict foreclosure following the summary judgment rendered in favor of the named plaintiff…. The defendant claims that the trial court erred in (1) granting the plaintiff’s motion for summary judgment as to liability, and (2) rendering a judgment of strict foreclosure. We affirm the judgment of the trial court. […]

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Posted in: Appellate, Concurrence, Connecticut, Foreclosure Decisions, State

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Pachaug Marina & Campground Assn., Inc. v. Pease — 4/7/2014

The defendants…appeal from the judgment of the trial court denying their motion to open and correct the judgment of strict foreclosure and to extend the sale date. On appeal, the defendants claim that the court improperly denied their motion because part of the lien for unpaid assessments was extinguished by General Statutes § 47-258 (e). […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Wells Fargo Bank, N.A. v. Strong — 4/7/2014

The defendant…appeals from the summary judgment as to liability and the subsequent judgment of strict foreclosure rendered by the trial court in favor of the plaintiff…as trustee. On appeal, the defendant claims that the court erred because (1) it granted summary judgment even though there were genuine issues of material fact about the plaintiff’s status […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Manning v. Feltman — 3/31/2014

The plaintiff in this foreclosure action…appeals from the judgment of dismissal rendered by the trial court in favor of the defendants…. The court concluded that it lacked subject matter jurisdiction over the foreclosure action after determining that the plaintiff lacked standing because he failed to list the note and mortgage deed at issue in his […]

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Posted in: Appellate, Concurrence, Connecticut, Foreclosure Decisions, State

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