Chevy Chase Bank, F.S.B. v. Avidon
161 Conn.App. 822
Conn. App. Ct.2015Background
- Foreclosure action commenced July 13, 2009 by Chevy Chase Bank, F.S.B. on real property at 10 and 20 Abbey Road in Easton/Monroe.
- Defendant Vladimir Avidon signed an adjustable-rate note Oct 24, 2005 for $1,311,260 secured by an open-end mortgage.
- Default for failure to plead was entered Nov 17, 2009 after defendant did not plead in response.
- Merger certificate shows Chevy Chase merged into Capital One effective July 30, 2009, after the action commenced; Capital One later substituted as plaintiff.
- Capital One moved to substitute for Chevy Chase and the court allowed substitution on Nov 21, 2011; plaintiff asserted standing based on merger chronology.
- Defendant filed an answer with three special defenses on Apr 19, 2013; the court struck the answer and later entered a judgment of foreclosure by sale on May 5, 2014; sale date set for Sept 13, 2014; defendant appealed on May 23, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue | Chevy Chase had standing as holder of the note at filing | Chevy Chase lacked standing due to merger before filing | Chevy Chase proved holder status at commencement; standing upheld |
| Motion to open default | Discretion to deny unless good cause shown | There was good cause to open due to new counsel and attempted amendments | Court did not abuse discretion; default not opened |
| Striking of answer with special defenses | Amendments did not substantively change operative complaint; defenses untimely | Amendments allowed response under Practice Book 10-61; timing valid | Court did not abuse discretion; answer with special defenses properly struck |
Key Cases Cited
- Goodyear v. Discalca, 269 Conn. 507 (Conn. 2004) (standing and foreclosure process principles cited)
- Seymour v. Region One Board of Education, 274 Conn. 92 (Conn. 2005) (clear standard for appellate review of factual findings)
- Snowdon v. Grillo, 114 Conn. App. 131 (Conn. App. 2009) (default and setting aside default standards)
- Equity One, Inc. v. Shivers, 310 Conn. 119 (Conn. 2013) (standing to enforce promissory note under UCC)
- Castro v. Viera, 207 Conn. 420 (Conn. 1988) (jurisdictional concerns; possessory interests)