Bank of America, N.A. v. Kydes
183 Conn. App. 479
Conn. App. Ct.2018Background
- Bank of America sued Kydes in 2012 to foreclose a mortgage secured by his property; complaint alleged Bank of America held the promissory note when suit commenced.
- On May 14, 2015 Bank of America served requests for admission asking Kydes to admit, inter alia, that Bank of America was the note holder when suit began and that Kydes had defaulted.
- Kydes filed a motion for a protective order but did not timely file answers or objections to the requests for admission within the 30‑day rule period; he later (over six weeks late) denied the requests without qualification.
- Bank of America moved for summary judgment on liability, relying on the deemed admissions created by Kydes’ failure to timely respond; Bank of America produced the original note at the summary judgment hearing.
- The court granted summary judgment as to liability and later substituted Christiana Trust as plaintiff (after assignment of the mortgage), then entered a judgment of strict foreclosure; Kydes appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deemed admissions from untimely responses establish plaintiff’s standing | Deemed admissions conclusively establish that plaintiff held the note when suit began and that defendant defaulted | The admissions resulted from a procedural default and cannot supply standing; court lacked subject‑matter jurisdiction | Court upheld use of deemed admissions to establish standing; summary judgment affirmed |
| Whether trial court erred by denying an evidentiary hearing on standing | No hearing required because plaintiff presented prima facie proof (possession of the note) and admissions were unrebutted | Requested an evidentiary hearing to challenge plaintiff’s standing and document authenticity | Court held no hearing required where defendant presented no evidence creating a genuine issue of fact |
Key Cases Cited
- JPMorgan Chase Bank, N.A. v. Eldon, 144 Conn. App. 260 (Conn. App. 2013) (affirmed summary judgment based on admissions deemed admitted for untimely response to requests for admission)
- Rocky Hill v. SecureCare Realty, LLC, 315 Conn. 265 (Conn. 2014) (defendant must present evidence to rebut jurisdictional allegations; otherwise plaintiff may rest on complaint)
- Deutsche Bank Nat. Trust Co. v. Cornelius, 170 Conn. App. 104 (Conn. App. 2017) (possession of a note endorsed in blank is prima facie evidence of holder status and standing)
- Equity One, Inc. v. Shivers, 310 Conn. 119 (Conn. 2013) (court need not hold evidentiary hearing on standing where defendant fails to raise genuine factual dispute)