Professional Documents
Culture Documents
1/26/2011
z AC30474 - Unifund CCR Partners v. Schaeppi ("The plaintiff claims on appeal that the
trial court improperly granted the defendants' motion for summary judgment.
Specifically, the plaintiff argues that the court improperly (1) granted the defendants'
motion for summary judgment because it lacked the requisite memorandum of law
accompanying it pursuant to Practice Book § 11-10 and (2) concluded that the
judgment lien that formed the basis of the foreclosure action was invalid because it
sought to secure a money judgment of no amount.")
Posted at 12:32 PM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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12/15/2010
z AC30982 - Waterview Site Services, Inc. v. Pay Day, Inc. ("This appeal arises from a
business disagreement between the plaintiff, Waterview Site Services, Inc., and the
defendant, Pay Day, Inc. On appeal, the defendant claims that the court improperly
found that (1) the defendant consented to the work that the plaintiff performed, (2)
the mechanic's lien was filed in a timely manner and (3) the defendant was unjustly
enriched in the amount of $224,959.24. The plaintiff filed a cross appeal challenging
the court's decision that, in calculating the unjust enrichment award, it would credit
the defendant for an amount equal to the fair rental value owed by the plaintiff for
occupying the land.")
Posted at 12:55 PM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions; Property Law Opinions
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11/22/2010
z AC31456 - Danzig v. PDPA, Inc. ("On appeal, the defendants claim that the court
improperly: (1) rendered summary judgment against them, as guarantors, despite the
plaintiff's having withdrawn the complaint as to them, (2) granted the plaintiff's
motions for summary judgment and for foreclosure despite the plaintiff's
noncompliance with Practice Book § 17-44, (3) did not require the plaintiff's appraiser
to testify and (4) exhibited judicial bias against Ahmed and all pro se parties in
general.")
z AC31457 - Danzig v. PDPA, Inc. ("On appeal, PDPA claims that the court improperly
refused to allow it the opportunity to plead in response to the plaintiff's amended
complaint. Additionally, the plaintiff raises questions about PDPA's standing and
whether the appeal has been taken from a final judgment.")
Posted at 11:45 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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11/17/2010
z AC30145 - Equity One, Inc. v. Shivers ("On appeal, the defendant claims that the trial
court improperly (1) failed to conduct an evidentiary hearing to determine if it had
subject matter jurisdiction, (2) failed to dismiss the action for lack of subject matter
jurisdiction and (3) rendered judgment in violation of a bankruptcy stay.")
Posted at 11:37 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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11/3/2010
z AC31489 - LaSalle Bank, N.A. Trustee v. Randall ("The defendant claims that the court
improperly approved the sale on the motion of the committee of sale because the
foreclosing lender, the substitute plaintiff, LaSalle Bank, N.A., Trustee, submitted an
inflated appraisal that discouraged other bidders and allowed the plaintiff to purchase
the property for a bid price that was inadequate and inequitable.")
z AC31098 - Myrtle Mews Assn., Inc. v. Bordes ("The defendant claims that the court
erred in denying its motion to open because the court lacked personal jurisdiction over
it as a result of insufficiency of process and insufficient service of process, thus
rendering the judgment void.")
z AC31471 - Rockville Bank v. Victory Outreach Ministries, Inc. ("On appeal, the
defendant claims that the court improperly (1) ordered the sale in light of evidence
that the defendant had complied with an agreement (agreement) entered into with the
plaintiff, Rockville Bank, in satisfaction of the mortgage, and (2) approved the sale
despite that compliance and evidence that the committee improperly administered the
sale.")
Posted at 12:32 PM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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9/20/2010
z Concurrence
Posted at 11:42 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions; Tort Law Opinions |
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9/13/2010
z AC30911 - LaSalle Bank, National Assn. v. Bialobrzeski ("On appeal, the defendant
claims that it was improper for the trial court to deny his motion to dismiss the action
because the plaintiff lacked standing.")
z AC29884 - Deutsche Bank National Trust Co. v. Bialobrzeski ("In this foreclosure
action, the pro se defendant, Paul Bialobrzeski, claims that the plaintiff lacked
standing to bring the action because it was not in possession of the subject note and
mortgage at the time the action was commenced.")
Posted at 11:42 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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9/7/2010
z AC30802 - Daddario & Sons, Inc. v. Shelansky ("The defendants claim that the trial
court improperly (1) determined that the plaintiff had standing to bring this action, (2)
determined that the plaintiff's delay in foreclosing the mortgage did not indicate an
intent to abandon the mortgage or bar its action under the doctrine of laches, (3)
failed to find that the defendants were under duress when they signed the subject note
and mortgage and that the mortgage transaction was unconscionable and (4) failed to
find that the plaintiff had unclean hands and committed fraud in its dealings with
them.")
Posted at 11:42 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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8/11/2010
z AC30059 - Trumbull v. Palmer ("The pro se defendant Helene B. Knopick and the
would-be intervenor, Linda A. Palmer, appeal from the judgment of the trial court
setting a new sale date and denying their motion to open and vacate the judgment
rendered in favor of the plaintiff, the town of Trumbull, and the court's denial of
Palmer's motions to intervene. The issues on appeal are whether the court abused its
discretion by denying (1) Palmer's motions to intervene in her individual and fiduciary
capacities, and (2) the motion to open and vacate the judgment.")
Posted at 11:34 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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7/28/2010
z AC30530 - David M. Somers & Associates, P.C. v. Kendall ("The appellants claim that
the court improperly (1) held Somers in his individual capacity liable for damages and
(2) failed to apply the doctrine of judicial estoppel.")
Posted at 11:35 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions; Contract Law Opinions
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7/21/2010
z AC29874 - LPP Mortgage, Ltd. v. Lynch ("On appeal, the defendants claim that the
court erred in awarding (1) interest on the principal amount they owed under the
promissory note and (2) attorney's fees to the plaintiff under the note. On cross
appeal, the plaintiff claims that the court erred in calculating the amount of (1)
principal debt due under the note and (2) attorney's fees under the note.")
Posted at 11:40 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions; Property Law Opinions
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6/30/2010
z AC31061 - Moasser v. Becker ("On appeal, the defendant claims that the trial court (1)
improperly interpreted the remand as an order that the fees were mandated, (2)
improperly awarded fees against a party whose interest in the subject real property
was not foreclosed, (3) improperly awarded fees pursuant to General Statutes §§ 52-
350f and 52-400c and (4) erred in its calculation of the fees.")
Posted at 3:29 PM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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6/1/2010
z Bank of New York v. Bell ("This petition for review, brought pursuant to General
Statutes § 51-164x (c) and Practice Book § 77-1, requires us to determine whether
the trial court abused its discretion by sealing certain documents in the underlying
foreclosure action. The pro se petitioner, Johnathan Bell, alleges in his brief that, by
sealing the documents at issue, the court (1) denied him due process by failing to
follow the relevant rules of practice, and (2) abused its discretion because (a) the
respondent, The Bank of New York, as trustee of BS ALT A 2005-9, waived its right to
have the documents sealed and (b) the court's factual findings do not support its legal
conclusions.")
{ Concurrence
Posted at 9:38 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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3/31/2010
z AC30728 - Savings Bank of Danbury v. Karam ("On appeal, Beaver Street, LLC, claims
that the court improperly marshaled the assets and ordered the properties to be
foreclosed in a manner that is inequitable.")
Posted at 11:26 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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2/26/2010
z AC31301 - Chase Home Finance, LLC v. Fequiere ("The defendant claims that the court
improperly concluded that the plaintiff had standing to bring the foreclosure action.
Specifically, the defendant claims that the court improperly concluded that (1) the
plaintiff was a valid assignee of the mortgage securing the defendant's promissory note
to BNC Mortgage, Inc., the plaintiff's predecessor in interest and (2) the Structured
Asset Investment Loan Trust (SAIL), the entity for which the plaintiff is trustee, was a
valid express trust as required by General Statutes § 52-106.")
Posted at 11:27 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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1/11/2010
12/31/2009
z AC30427 - Gagne v. Vaccaro ("On appeal, the defendant claims that §52-249 does not
authorize appellate attorney's fees, and, even if it does, the amount of fees awarded
was unreasonable.")
Posted at 11:44 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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10/30/2009
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.”)
Posted at 11:25 AM by Roy, Christopher | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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9/2/2009
Posted at 4:24 PM by Roy, Christopher | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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5/4/2009
z 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.")
z 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.")
z 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.")
z 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.")
Posted at 10:22 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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3/31/2009
z 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.")
Posted at 2:04 PM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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3/3/2009
Posted at 9:08 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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12/10/2008
12/1/2008
z 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.”)
Posted at 9:45 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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10/31/2008
z 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...")
Posted at 2:12 PM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink |
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8/18/2008
6/4/2008
6/2/2008
3/17/2008
Posted at 1:55 PM by Roy, Christopher | Category: Recent Decisions; Contract Law Opinions; Foreclosure Opinions |
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11/5/2007