Strict Foreclosure upheld in Connecticut

No legal remedy in Connecticut

CHASE MANHATTAN MORTGAGE CORPORATION v. MICHAEL L. BURTON
(AC 23975)

Case Law
APPELLATE COURT OF CONNECTICUT
81 Conn. App. 662; 841 A.2d 248; 2004 Conn. App. LEXIS 72

December 3, 2003, Argued
February 24, 2004, Officially Released

Facts: The mortgage company filed an action against the mortgage defaulter which sought foreclosure of the mortgage on his real property. The defaulter did not file any pleadings. Consequently, the mortgage company filed a motion for default for failure to plead and a motion for judgment of strict foreclosure. The court clerk granted the motion for default. The trial court then granted the company's motion for judgment of strict foreclosure and sent notice of its judgment the following day. The defaulter did not redeem on the law day. Thus, title vested in the company.

Issue: Whether the party who defaulted has still some legal remedies available

Ruling: No. Because there was no procedural error in the entry of the default, the trial court properly rendered judgment of strict foreclosure and properly denied the motion to open the judgment. Title vested properly and absolutely in the company following the law day because the automatic stay had expired. As a result, there was no practical relief that the appellate court could grant the defaulter.

Lesson Learned: Conn. Gen. Stat. § 49-15 prohibits the opening of a judgment of strict foreclosure when title has become absolute in any encumbrancer.

Written by Kevin Levonas and Jerry L.