149 Conn. App. 784
Conn. App. Ct.2014Background
- DeGennaro appeals after strict foreclosure following summary judgment for Deutsche Bank Trust Company Americas, as trustee, on a 2003 loan secured by a mortgage on 9 East Hill Road, Oxford.
- Plaintiff alleged default on a promissory note of $154,700 executed December 8, 2003, and mortgage to secure it; MERS was nominal mortgagee.
- Defendant asserted loan modification defenses; she argued there was an oral and/or written modification.
- Court granted summary judgment on liability, finding default and lacking any meritorious defenses to liability.
- There were 2009–2010 written repayment agreements and a July 2009 trial period plan tied to GMAC; these did not modify the loan but suspended foreclosure.
- On October 10, 2012, after a hearing, the court entered a judgment of strict foreclosure valuing the debt at $146,736.52 with FMV of the property at $130,000, and remanded for law days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly granted summary judgment on liability | Plaintiff argues defendant defaulted and no genuine issue existed | Defendant contends modification existed (oral or written) | Yes, court properly granted summary judgment. |
| Whether the judgment of strict foreclosure was appropriate | Liability established; proceed to determine debt and terms | Dispute over value and potential loan modification impact | Yes, strict foreclosure affirmed. |
Key Cases Cited
- Norse Systems, Inc. v. Tingley Systems, Inc., 49 Conn. App. 582 (1998) (material fact requires more than self-serving modification claim to create issue)
- Union Trust Co. v. Jackson, 42 Conn. App. 413 (1996) (statute of frauds requires writing for loan modifications over $50,000)
- Connecticut National Bank v. Rehab Associates, 300 Conn. 314 (2011) (repayment agreements may suspend foreclosure, not modify loan)
- Romprey v. Safeco Ins. Co. of America, 310 Conn. 304 (2013) (burden shifting on summary judgment in insurance/contract context)
- Hopkins v. Balachandran, 146 Conn. App. 44 (2013) (plenary standard; review of summary judgment involving mortgage liability)
- GMAC Mortgage, LLC v. Ford, 144 Conn. App. 165 (2013) (where liability established, determine debt and terms of judgment)