Appellate « J.E. Baver Law Group, LLC

Archive for Appellate

Eastern Savings Bank, FSB v. Cortese — 12/22/2014

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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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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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 […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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BAC Home Loans Servicing, LP v. Farina — 12/8/2014

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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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Mengwall v. Rutkowski — 8/18/2014

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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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Bombero v. Trumbull on the Green, LLC — 8/11/2014

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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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Bank of America, N.A. v. Thomas — 7/21/2014

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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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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U.S. Bank, N.A. v. Foote — 7/14/2017

The defendant…appeals from the judgment of strict foreclosure rendered by the trial court following the granting of a motion for summary judgment in favor of the plaintiff…. On appeal, the defendant claims that the trial court erred in granting the plaintiff’s motion for summary judgment because (1) the action is barred by the doctrines of […]

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Posted in: Appellate, Foreclosure Decisions, State

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Equity One, Inc. v. Shivers — 6/2/2014

This case comes to us on remand from our Supreme Court. We previously remanded the case to the trial court for an evidentiary hearing to determine whether the plaintiff, Equity One, Inc., had standing. Equity One, Inc. v. Shivers, 125 Conn. App. 201, 9 A.3d 379 (2010). Our Supreme Court reversed our decision and determined […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Wells Fargo Bank, N.A. v. Tarzia — 5/27/14

The defendant…appeals from the entry of a judgment of strict foreclosure for the plaintiff…. In this appeal, the defendant claims that (1) the plaintiff has not stated a claim for strict foreclosure of the mortgage because it did not plead that it is the owner of the debt, and (2) the judgment of strict foreclosure […]

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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Federal National Mortgage Assn. v. Bridgeport Portfolio, LLC — 5/27/14

The defendants…appeal from the judgment of strict foreclosure rendered by the trial court in favor of the plaintiff…. On appeal, the defendants claim that the trial court erred by including both default interest and a prepayment premium in its calculation of the mortgage debt. We disagree and affirm the judgment of the trial court. AC35466

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Posted in: Appellate, Connecticut, Foreclosure Decisions, State

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