228 Conn.App. 431
Conn. App. Ct.2024Background
- Josephine S. Miller, owner of a unit at The Crossing Condominium in Danbury, CT, failed to pay common assessments, leading to a statutory lien by the condo association and a foreclosure action.
- Two separate foreclosure actions ensued: one by The Crossing Condominium Association for common charges (lien foreclosure), and one by U.S. Bank Trust, N.A. for default on a mortgage (mortgage foreclosure).
- In the lien foreclosure, Miller was defaulted for failure to plead, resulting in a foreclosure by sale judgment. She subsequently filed a Chapter 13 bankruptcy, temporarily staying the action.
- After the bankruptcy stay was lifted, the association moved to open and modify the foreclosure judgment, but the court erroneously identified the association as the holder of the note and mortgage—an admitted scrivener's error.
- Miller moved to open and vacate the foreclosure judgment citing the error and lack of notice but was denied by the trial court, which found the error harmless and noted Miller had received judicial notice.
- A separate foreclosure by U.S. Bank Trust, N.A. proceeded, where Miller raised defenses but summary judgment was granted for the bank, and a judgment of foreclosure by sale was entered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of Motion to Open Judgment (Lien Foreclosure) | Error in order was harmless scrivener’s error, not material to judgment | Incorrect party named as note holder/mortgage assignee; lack of notice of order | Denial affirmed; error was harmless, defendant received court's order |
| Sufficiency of Notice (Lien Foreclosure) | Miller was an appearing party and received judicial notice | Did not receive notice as required by standing orders | Notice requirement did not apply; she received actual notice |
| Entry of Judgment of Foreclosure by Sale (Mortgage Foreclosure) | Sale in lien foreclosure was never court-approved; summary judgment proper | Property already sold in lien foreclosure, can’t proceed | Affirmed; no valid sale approved, summary judgment undisturbed |
| Appellate Stay and Effect on Sale | Filing of appeal stayed sale in lien foreclosure | Sale went forward, should preclude further action | Affirmed; appeal stayed proceedings, sale not approved |
Key Cases Cited
- Coach Run Condominium, Inc. v. Furniss, 136 Conn. App. 698 (Conn. App. Ct. 2012) (condominium associations authorized to impose liens for unpaid assessments)
- Milford v. Recycling, Inc., 213 Conn. App. 306 (Conn. App. Ct. 2022) (denial of motion to open foreclosure judgment reviewed for abuse of discretion)
- Federal Deposit Ins. Corp. v. Owen, 88 Conn. App. 806 (Conn. App. Ct. 2005) (abuse of discretion standard in foreclosure review)
- Deutsche Bank National Trust Co. v. Angle, 284 Conn. 322 (Conn. 2007) (trial court discretion in equitable foreclosure proceedings)
- GMAC Mortgage, LLC v. Ford, 144 Conn. App. 165 (Conn. App. Ct. 2013) (post-summary judgment, issues for court are limited to debt amount and terms)