Recent News « J.E. Baver Law Group, LLC

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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Absolute Plumbing & Heating, LLC v. Edelman — 10/7/2013

This appeal arises from consolidated actions brought by subcontractors to foreclose on mechanic’s liens placed on the defendant’s property to secure the value of their labor and services on a home improvement project. The defendant…appeals from the trial court’s judgment accepting a report by the attorney trial referee (referee) awarding damages, interest, and attorney’s fees […]

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Posted in: Uncategorized

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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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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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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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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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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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