149 Conn. App. 25
Conn. App. Ct.2014Background
- Foreclosure action by Deutsche Bank National Trust Company as Trustee on promissory note and mortgage dated Oct 25, 2005 ($144,000).
- Note and mortgage assigned to plaintiff; plaintiff filed foreclosure action Jan 5, 2009 for nonpayment.
- Trial court considered standing; required plaintiff to produce original note/mortgage and chain of assignments.
- Plaintiff produced original documents in April 2013; defendant argued the note was made out to Long Beach Mortgage Company, not plaintiff.
- Court granted motion to dismiss for lack of standing, requiring evidence of chain of title and ownership.
- Appellate court reverses, holding plaintiff’s complaint alleged holder status and presumption of ownership, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff had standing to foreclose | Plaintiff is holder of note and mortgage | Torres challenges ownership/chain of title | Yes; plaintiff had standing to pursue foreclosure |
Key Cases Cited
- Equity One, Inc. v. Shivers, 310 Conn. 119 (2013) (holder can foreclose when aligned with UCC principles; statutory rights under 49-17)
- RMS Residential Properties, LLC v. Miller, 303 Conn. 224 (2011) (presumption that holder is owner of debt; mortgage follows note)
- J.E. Robert Co. v. Signature Properties, LLC, 309 Conn. 307 (2013) (loan servicer for owner of note has standing to foreclose)
- Chase Home Finance, LLC v. Fequiere, 119 Conn. App. 570 (2010) (life of note and mortgage; right to foreclose when note is owned by plaintiff)