10/30/2009
-
AC29796, AC29906 - Brownstein v. Spilke (Foreclosure; “In these consolidated appeals, the substitute plaintiff, J. Diamond Properties, LLC (Diamond), and the defendant Georgina Spilke appeal from the judgment of the trial court denying Diamond’s motion for a deficiency judgment as to the defendant Kenneth C. Spilke. In AC 29796, Diamond claims that the court improperly determined that it failed to prove the fair market value of the subject property as of the date title vested in Diamond following a judgment of foreclosure and that it would be inequitable to grant the deficiency judgment.”) 9/2/2009
-
AC28286 - Sovereign Bank v. Licata (Foreclosure; “The substitute plaintiff, Seven Oaks Partners, LP (Seven Oaks), appeals from the judgment of the trial court, rendered after a jury verdict, in favor of the defendant…on her counterclaim alleging a violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq., and negligent misrepresentation. Seven Oaks claims that the court improperly failed to grant its motions to set aside the verdict and for judgment notwithstanding the verdict with respect to the counts of the defendant’s counterclaim alleging a violation of CUTPA and negligent misrepresentation.”)
-
AC29642 - Byars v. Berg (Collateral Estoppel; “…[T]he plaintiff filed a revised complaint in the present action, alleging, inter alia, fraudulent misrepresentation. Essentially, the plaintiff alleged that because it was not legally constituted, the association and its various agents, including the defendants, lacked the authority either to enter into legally binding contracts or to take legal action on behalf of the association. The plaintiff claimed that he suffered harm from the actions of the defendants that resulted in the association successfully having foreclosed liens against his property.”) 5/4/2009
-
AC29058 - Ameriquest Mortgage Co. v. Lax ("In this foreclosure action, the defendants...appeal from the trial court’s partial judgment rendered against them after the court granted the motion filed by the substitute plaintiff, Deutsche Bank National Trust Company (Deutsche Bank), to strike their counterclaim.")
-
AC29012 - Centimark Corp. v. Village Manor Associates Ltd. Partnership ("On appeal, Centimark claims that the court improperly (1) found in favor of Village Manor on Village Manor’s claims of negligent misrepresentation, fraudulent misrepresentation,
breach of contract and a violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq., and (2) assessed damages on certain counts of Village Manor’s counterclaim.")
-
AC29578 - Lestorti v. DeLeo ("The defendant...appeals from the judgment the trial court rendered following its granting of the motion of the plaintiff...to strike the defendant’s counterclaim for equitable contribution.")
-
AC29916 - Oronoque Shores Condominium Assn. No. 1, Inc. v. Smulley ("On appeal, the defendant claims that (1) both special assessments were incorrectly apportioned, thereby rendering them invalid, (2) notice of the special litigation assessment was improperly published and (3) because the special assessment liens were invalid, the association was not a prevailing party and, therefore, not entitled to an award of attorney’s fees.") 3/31/2009
- AC29131 - Antonino v. Johnson ("On appeal, the defendant claims that the trial court improperly (1) determined that written notice was not a prerequisite of the foreclosure action and (2) granted the plaintiffs’ motion for the appointment of a receiver of rents.")
3/3/2009
- AC28991 - First Connecticut Capital, LLC v. Homes of Westport, LLC ("This is a foreclosure appeal about a committee sale conducted during the pendency of an appellate stay. The defendant Homes of Westport, LLC, challenges the propriety of the judgment of the trial court approving the committee sale of certain real property in Westport.")
12/10/2008
PNC Bank, N.A. v. Kelepecz - SC18129 (Mortgage foreclosure; determination of priorities between subsequent encumbrancers of mortgaged property; supplemental judgment; whether trial court properly determined that judgment lien recorded by one encumbrancer was valid where lien certificate failed to set forth original amount of judgment secured by lien as required by statute (§ 52-380a [a]); plenary review of validity of judgment lien based on application of § 52-380a (a); claim that judgment lien holder failed to give statutory (§ 52-351a) notice to defendant judgment debtor; whether subsequent encumbrancer had standing to assert claim for previous encumbrancer's failure to comply with notice requirement; standing and aggrievement, discussed.) 12/1/2008
- AC29428 - Astoria Federal Mortgage Corp. v. Matschke (“In this foreclosure action, the defendants, Arthur Matschke and Elaine Matschke, appeal from the judgment of the trial court denying their motion to open a judgment of foreclosure by sale.”)
10/31/2008
Below is the foreclosure Appellate Court opinion issued in October 2008:
-
AC27491 - Mortgage Electronic Registration Systems, Inc. v. Book ("In this mortgage foreclosure action, the defendant Ethan Book, Jr., appeals from the supplemental judgment of the trial court rendered in favor of the lienor defendant...This is the second appeal by the defendant from a judgment of the trial court in this case. In the first appeal, this court noted the "tortuous" and "labyrinthine" "factual and procedural history" of the case...") 8/18/2008
Argent Mortgage Co., LLC v. Huertas- SC18002 (Mortgages; motion to open judgment of strict foreclosure; whether trial court correctly concluded that foreclosed property of defendant, who was incarcerated when service was made at that property, constituted her 'usual place of abode' within meaning of statute (§ 52-57 [a]) governing, inter alia, abode service; whether trial court had personal jurisdiction over defendant; whether defendant's motion to open was moot because it was filed after title to property had vested in plaintiff mortgagee) 6/4/2008
Allstate Life Ins. Co. v. BFA Ltd. Partnership - SC18017 (Contracts; interpretation of conflicting language concerning duration of indemnity obligation in environmental indemnity agreement and subsequent reaffirmation of agreement; whether defendants' indemnification obligation was not extinguished by foreclosure because the reaffirmation of the indemnity agreement was a ratification of the indemnity agreement that incorporated its durational terms). 6/2/2008
White Sands Beach Association, Inc. v. Bombaci - SC17904 (Tax lien foreclosure; municipalities; whether plaintiff's failure to comply strictly with procedures dictated by enabling act rendered annexation of defendants' property ineffective; whether claim that property was wrongfully assessed was barred by laches). 3/17/2008
Intercity Development, LLC v. Andrade - SC17848, SC17849 [docket summary - Mechanic's Liens; Foreclosure; Recovery for Materials Furnished or Services Rendered under General Statutes § 49-33 (a); Whether Finding of Substantial Performance is Required in Order to Recover on Mechanic's Lien Based on Contract Price; Whether Complaint was Properly Amended After Trial.] 11/5/2007
Deutche Bank National Trust Co. v. Angle - SC17657
(Foreclosure; application for protection from foreclosure and for restructuring of debt pursuant to homeowner protection statute ( §49-31d et seq.); challenge to state agency regulation ( §49-31j-4) as exceeding statutory authority conferred on banking commissioner; inadequate record for review; purpose of motion for articulation, discussed.). |
|
|
|