223 Conn.App. 517
Conn. App. Ct.2024Background
- Homebridge Financial Services, Inc. (later replaced by Freedom Mortgage Corporation) filed a foreclosure action against Thomas M. Jakubiec for defaulting on a mortgage; a lis pendens was recorded before service.
- Thomas Jakubiec died shortly after service; his widow, Robyn Jakubiec, later inherited the property.
- Robyn filed various objections and motions, including claims regarding improper service, settlement enforcement, lender’s conduct (unclean hands), and procedural errors by plaintiff.
- The trial court granted summary judgment for the plaintiff on liability, issued a strict foreclosure, and later repeatedly opened and extended judgment for further loss mitigation discussions and documentation.
- Mediation ended after Robyn failed to provide documents; she subsequently raised claims about improper notice under the state’s Emergency Mortgage Assistance Program (EMAP) and other procedural and equitable defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Improper service/lack of personal jurisdiction | Service on decedent + lis pendens binds successors, no need to serve widow | Robyn was not properly served after inheriting property | Service was sufficient; court had jurisdiction |
| Motion for nonsuit due to procedural failures | No settlement or modification occurred; no bad faith in delays | Plaintiff breached settlement, failed to timely file affidavit | No nonsuit; no binding settlement, no harm |
| Unclean hands defense | No willful misconduct; no duty to negotiate; insufficient evidence | Plaintiff’s actions (returning payments, poor notice) bar foreclosure | Insufficient evidence for unclean hands |
| Enforceability of settlement, summary judgment, EMAP notice | No valid or enforceable agreement with Robyn; EMAP notice sent to decedent | Sought enforcement, claimed these failures were fatal | Not reached; defendant’s briefing inadequate |
Key Cases Cited
- Audubon Parking Associates Ltd. Partnership v. Barclay & Stubbs, Inc., 225 Conn. 804 (Conn. 1993) (governs summary enforcement of settlement agreements)
- U.S. Bank National Ass'n v. Blowers, 332 Conn. 656 (Conn. 2019) (equitable defenses like unclean hands can be based on post-loan conduct)
- Thompson v. Orcutt, 257 Conn. 301 (Conn. 2001) (explains equitable unclean hands doctrine in foreclosure)
- Ridgaway v. Mount Vernon Fire Ins. Co., 328 Conn. 60 (Conn. 2018) (nonsuit and dismissal are last resort remedies)
- Bank of America, N.A. v. Aubut, 167 Conn. App. 347 (Conn. App. Ct. 2016) (trial court discretion in foreclosure based on equitable considerations)