In August 2019, the Connecticut Supreme Court confirmed that a bank's misconduct in handling post-default loss mitigation applications can be a defense to foreclosure. More specifically, the court's decision in U.S. Bank v. Blowers expands the "making, validity, or enforcement"…
In August 2016, the Connecticut Appellate Court released its opinion in Bank of America, N.A. v. Aubut, which recognized the predatory lending defense in Connecticut for the first time. What is predatory lending? For mortgage loans, predatory lending is when…
In this Connecticut appeal, Deutsche Bank National Trust Company, Trustee v. Thompson, the Appellate Court reversed the judgment of foreclosure because the trial court did not make any factual findings as to plaintiff's standing. Plaintiff alleged in the complaint that it…
Some Connecticut appeals seem doomed to fail from the outset. The challenge to plaintiff's standing to foreclose in Property Asset Management, Inc. v. Lazarte is one of those. Plaintiff's motion for summary judgment included an affidavit asserting that plaintiff received…
In this Connecticut appeal (Connecticut Housing Finance Authority v. Alfaro), the Appellate Court denied defendant's motion for attorney's fees pursuant to CGS ยง 42-150bb after plaintiff withdrew its foreclosure action. Defendant raised a special defense that "plaintiff lacked standing ...…
The appeal in Salisbury Bank & Trust Co. v. Christophersen involved two adjacent undeveloped parcels of waterfront property in Westport. Defendant borrowed money from plaintiff against the properties, planning to repay the debt when he sold them. Defendant defaulted and…
In an advance release opinion issued February 29, 2016, the Connecticut Appellate Court concluded that the new anti perpetual motion machine rule concerning appellate stays in foreclosure cases required it to dismiss the borrower's appeal. The first law day in…
A foreclosing plaintiff had standing to foreclose because it was the holder of the note and defendant failed to rebut the resulting presumption of ownership. Also, defendant failed to preserve an appellate challenge to the existence of an agency relationship…
A trial court may properly rely on the income capitalization approach of property valuation in a commercial foreclosure deficiency judgment proceeding, at least sometimes. The Connecticut Supreme Court considered the issue in J.E. Robert Company, Inc. v. Signature Properties, LLC (officially released…
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