Appellate « J.E. Baver Law Group, LLC

Archive for Appellate

Deutsche Bank National Trust Co. v. Perez — 11/25/2013

The defendants in this residential mortgage foreclosure action…appeal from the trial court’s reformation of the subject mortgage and from the judgment of strict foreclosure subsequently rendered on the reformed mortgage in favor of the plaintiff, Deutsche Bank National Trust Company, as trustee for HarborView Mortgage Loan Trust mortgage loan pass-through certificates, series 2006-7. The defendants […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Banco Popular North America v. du’Glace, LLC — 11/4/2013

In this mortgage foreclosure action, the defendant…a guarantor of the mortgage debt, appeals from the deficiency judgment rendered against him and the defendant mortgagor…by the trial court in favor of the plaintiff…in the amount of $281,910.42. Holt claims that, in ruling on the plaintiff’s motion for a deficiency judgment, the court improperly admitted into evidence […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Wells Fargo Bank, N.A. v. Khatun — 10/28/2013

The defendant…appeals from the judgment of the trial court denying her motion to open the judgment of strict foreclosure. On appeal, the defendant claims that the trial court abused its discretion by denying her motion to open the judgment and extend the law day. We affirm the judgment of the trial court. AC34595

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Torrington Savings Bank Mortgage Servicing Co. v. Chance –10/28/2013

The defendant…appeals from the judgment of the trial court approving the committee’s report, deed, and sale of the defendant’s foreclosed home. On appeal, the defendant claims that the court committed error by not conducting a hearing, sua sponte, to determine whether the plaintiff…had standing, as the holder of the note, at the time it instituted […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Industrial Mold & Tool, Inc. v. Zaleski — 10/28/2013

This case concerns one plaintiff’s struggle to foreclose on a judgment lien. The defendant…appeals from the judgment of the trial court denying his motion to open a judgment of foreclosure by sale. The issue before us is whether the court abused its discretion in so doing. We affirm the judgment of the trial court. AC35189

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Farmington Valley Recreational Park, Inc. v. Farmington Show Grounds, LLC — 10/28/2013

In this mortgage foreclosure action, the defendants…appeal from the judgment of strict foreclosure claiming that the court improperly (1) concluded that the plaintiffs had standing to commence the action and (2) that the plaintiffs had proven and established the debt. We affirm the judgment of the trial court. AC34262

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Ed Lally & Associates, Inc. v. DSBNC, LLC — 9/9/2013

The defendants…appeal from the judgment of the trial court rendered in favor of the plaintiff…following a court trial, for the foreclosure of two mechanic’s liens, breach of contract and quantum meruit. On appeal, the defendants claim that the trial court (1) did not have subject matter jurisdiction to find in favor of the plaintiff on […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Countrywide Home Loans Servicing, LP v. Creed — 8/12/2013

In this foreclosure action, the defendant…appeals from the judgment of strict foreclosure rendered by the trial court in favor of the substitute plaintiff…. On appeal, the defendant claims that (1) the court improperly failed to hold an evidentiary hearing to determine if it had subject matter jurisdiction after she raised the issue of the plaintiff’s […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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JPMorgan Chase Bank, N.A. v. Eldon — 7/15/2013

The plaintiff…appeals from the judgment of the trial court rendered in favor of the defendant…. On appeal, the plaintiff claims that the trial court abused its discretion by denying its motion to open the judgment, motion to reargue and motion for permission to amend its responses to the defendant’s request for admission because the denials […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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GMAC Mortgage, LLC v. Ford — 7/5/2013

The self-represented defendant in this residential mortgage foreclosure action…appeals following the judgment of strict foreclosure rendered against him in favor of the plaintiff…. The defendant claims on appeal that the trial court improperly (1) denied his motion to dismiss the foreclosure complaint, (2) granted the plaintiff’s motion for summary judgment as to liability on the […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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