Foreclosure Opinions - Law Libraries' NewsLog

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Foreclosure Appellate Court Opinion - 3/2/11
Below is today's foreclosure Appellate Court opinion: AC31890 - Cadle Co. v. Clark ("On appeal, Maureen Clark claims that the court abused its discretion in denying her motion to open because (1) the plaintiff allegedly did not properly serve several of the parties cited in as defendants and (2) her property was incorrectly valued because of alleged misrepresentations made by the plaintiff.")
Posted at 11:42 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 2/25/2011

Supreme Court Advance Release Opinion - 2/25/11
SC18597, SC18598 - Connecticut National Bank v. Rehab Associates ("These appeals arise from a foreclosure action and subsequent deficiency judgment against the defendants... relating to a mortgage loan to Rehab that had been guaranteed by Hallahan and Ermler. The defendants now appeal from the judgment of the trial court denying Hallahan’s motion to determine that the deficiency judgment was fully or, alternatively, partially satisfied as a result of a settlement agreement (agreement) between Ermler and Shawmut Bank Connecticut, N.A. (Shawmut), the successor in interest of the original plaintiff, Connecticut National Bank. On appeal, the defendants assert that the trial court improperly concluded that the agreement did not release Hallahan from his obligation to pay the balance of the deficiency judgment.")
Posted at 11:35 AM by Booth, George | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 1/26/2011

Foreclosure Appellate Court Opinion - 1/26/11
Below is today's foreclosure Appellate Court opinion: 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 | Email this Post | Comments (0) 12/15/2010

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Foreclosure Appellate Court Opinion - 12/15/10
Below is today's foreclosure Appellate Court opinion: 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 | Permalink | Email this Post | Comments (0) 11/22/2010

Foreclosure Appellate Court Opinions - 11/22/10
Below are today's foreclosure Appellate Court opinions: 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.") 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 | Email this Post | Comments (0) 11/17/2010

Foreclosure Appellate Court Opinion - 11/17/10
Below is today's foreclosure Appellate Court opinion: 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 | Email this Post | Comments (0) 11/3/2010

Foreclosure Appellate Court Opinions - 11/3/10

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Below are today's foreclosure Appellate Court opinions: 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.") 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.") 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 | Email this Post | Comments (0) 9/20/2010

Supreme Court Advance Release Opinion - 9/20/10
SC18393 - Lestorti v. DeLeo ("On appeal to this court, the defendant claims that the Appellate Court's decision (1) conflicts with well established Connecticut law concerning the rights of coguarantors to contribution, and (2) is improperly based on an assumption of a fact that is not part of the record.") Concurrence
Posted at 11:42 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions; Tort Law Opinions | Permalink | Email this Post | Comments (0) 9/13/2010

Foreclosure Appellate Court Opinions - 9/13/10
Below are today's foreclosure Appellate Court opinions: 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.") 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 | Email this Post | Comments (0) 9/7/2010

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Foreclosure Appellate Court Opinion - 9/7/10
Below is today's foreclosure Appellate Court opinion: 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 | Email this Post | Comments (0) 8/11/2010

Foreclosure Appellate Court Opinion - 8/11/10
Below is today's foreclosure Appellate Court opinion: 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 | Email this Post | Comments (0) 7/28/2010

Foreclosure Appellate Court Opinion - 7/28/10
Below is today's foreclosure Appellate Court opinion: 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 | Permalink | Email this Post | Comments (0) 7/21/2010

Foreclosure Appellate Court Opinion - 7/21/10
Below is today's foreclosure Appellate Court opinion: 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.")

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Posted at 11:40 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions; Property Law Opinions | Permalink | Email this Post | Comments (0) 6/30/2010

Foreclosure Appellate Court Opinions - June 2010
Below are the foreclosure Appellate Court opinions issued in June 2010: AC30796 - Dreambuilders Construction, Inc. v. Diamond ("On appeal, the defendant claims that the trial court's (1) order of a strict foreclosure instead of a foreclosure by sale was improper, (2) finding that there was a contract between her and the plaintiff was clearly erroneous, (3) finding of the value of the services and material furnished to support the mechanic's lien was clearly erroneous, (4) finding that she could not avail herself of the protection of the Home Improvement Act (act); General Statutes § 20418 et seq.; because she invoked it in bad faith was clearly erroneous and (5) finding that a general release she executed in favor of the plaintiff, which included a release of her counterclaim, also was a release of her defenses was improper.") 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 §§ 52350f 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 | Email this Post | Comments (0) 6/1/2010

Foreclosure Appellate Court Opinion - May 2010
Below is the foreclosure Appellate Court opinion issued in May 2010: 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 | Email this Post | Comments (0) 3/31/2010

Foreclosure Appellate Court Opinion - March 2010
Below is the foreclosure Appellate Court opinion issued in March 2010: 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.")

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Posted at 11:26 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 2/26/2010

Foreclosure Appellate Court Opinion - February 2010
Below is the foreclosure Appellate Court opinion issued in February 2010: 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 | Email this Post | Comments (0) 1/11/2010

Supreme Court Advance Release Opinion - 1/11/10
Ruggiero v. Pellicci SC18399 (Foreclosure; "...[D]efendants contend that the trial court improperly accepted the referee’s reports because the referee had abused his discretion in denying the defendants’ motion for permission to amend their counterclaims, because: (1) the law of the case doctrine obligated the referee to grant the motion since the trial court already had granted that same relief; and (2) the plaintiff would not have been prejudiced by the granting of the motion since no additional evidence was necessary, and the motion was made to conform the pleadings to the facts adduced during the trial."
Posted at 2:31 PM by Dowd, Jeffrey | Category: Foreclosure Opinions; Recent Decisions | Permalink | Email this Post | Comments (0) 12/31/2009

Foreclosure Appellate Court Opinion - December 2009
Below is the foreclosure Appellate Court opinion issued in December 2009: 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 | Email this Post | Comments (0) 10/30/2009

Foreclosure Appellate Court Opinion - October 2009
Below is the foreclosure Appellate Court opinion issued in October 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

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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 | Email this Post | Comments (0) 9/2/2009

Foreclosure Appellate Court Opinions - August 2009
Below are the foreclosure Appellate Court opinions issued in August 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.”)
Posted at 4:24 PM by Roy, Christopher | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 5/4/2009

Foreclosure Appellate Court Opinions - April 2009
Below are the foreclosure Appellate Court opinions issued in April 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.")

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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 | Email this Post | Comments (0) 3/31/2009

Foreclosure Appellate Opinion - March 2009
Below is the foreclosure Appellate Court opinion issued in March 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.")
Posted at 2:04 PM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 3/3/2009

Foreclosure Appellate Opinion - February 2009
Below is the foreclosure Appellate Court opinion issued in February 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.")
Posted at 9:08 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 12/10/2008

Supreme Court Advance Release Opinion - 12/10/08
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.)
Posted at 12:47 PM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0)

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12/1/2008

Foreclosure Appellate Opinion - November 2008
Below is the foreclosure Appellate Court opinion issued in November 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.”)
Posted at 9:45 AM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 10/31/2008

Foreclosure Appellate Opinion - October 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...")
Posted at 2:12 PM by Mazur, Catherine | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 8/18/2008

Supreme Court Advance Release Opinion- 8/18/08
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)
Posted at 11:37 AM by Yeltema, Karen | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 6/4/2008

Supreme Court Advance Release Opinion - 6/04/08
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).
Posted at 11:37 AM by Dowd, Jeffrey | Category: Recent Decisions; Contract Law Opinions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 6/2/2008

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Supreme Court Advance Release Opinion - 6/02/08
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).
Posted at 2:29 PM by Dowd, Jeffrey | Category: Recent Decisions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 3/17/2008

Supreme Court Advance Release Opinions - 3/17/08
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.]
Posted at 1:55 PM by Roy, Christopher | Category: Recent Decisions; Contract Law Opinions; Foreclosure Opinions | Permalink | Email this Post | Comments (0) 11/5/2007

Supreme Court Advance Release Opinion - 11/05/07
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.).
Posted at 11:35 AM by Roy, Christopher | Category: Recent Decisions; Foreclosure Opinions; Property Law Opinions | Permalink | Email this Post | Comments (0)

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