Noroton Properties, LLC v. Lawendy — 12/15/2014

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 an appraisal fee, a title search fee, late fees, default interest, or attorney’s fees. On appeal, the plaintiff claims that the court improperly (1) found that the parties mutually agreed to extend the maturity date of the mortgage note, (2) determined that the mortgage note provided a ten day grace period for the payment of the final balloon payment, (3) concluded that the defendant satisfied his obligations by being ‘ready, willing and able’ to make the final payment in April, 2011, rather than by making a ‘bona fide offer and tender’ of payment as required by General Statutes § 49-13, (4) found that the plaintiff would not have accepted payment from the defendant in April, 2011, and (5) determined that the plaintiff was not entitled to attorney’s fees because the remaining amount due under the mortgage note was not collected in ‘court proceedings.’ We agree with the plaintiff’s first claim and, accordingly, reverse the judgment of the trial court.

AC35827

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