132 Conn. App. 757
Conn. App. Ct.2012Background
- Plaintiff JP Morgan Chase Bank, Trustee seeks foreclosure by sale on note and mortgage originally to Citicorp Mortgage, Inc.
- Defendants Albert S. Rodrigues and Marie Rodrigues answered with four special defenses and a three-count counterclaim; plaintiff moved to strike them.
- Prior CT appellate decision affirmed the striking of defenses and addressed the counterclaims and setoffs; the special defenses ruling was not final for appeal.
- Trial (Jan 2010) found delinquency dating to 1993, various forbearance and repayment agreements, and that the 2004 agreement extinguished the 2002 agreement; defendants breached the 2002 agreement.
- Court held the mortgage in default, plaintiff owner of the note, no equity in the property, and issued a foreclosure by sale; appellate challenge focused on striking two special defenses related to the forbearance agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot | Rodrigues cannot obtain practical relief; foreclosure judgment remains. | Strike of their special defenses merits review and reversal. | Appeal dismissed as moot; no practical relief available. |
Key Cases Cited
- New Hartford v. Connecticut Resources Recovery Authority, 291 Conn. 502 (2009) (mootness threshold and jurisdictional considerations)
- Chase Manhattan Mortgage Corp. v. Burton, 81 Conn. App. 662 (2004) (mootness and appellate relief limitations)
- Housing Authority v. Davis, 57 Conn. App. 731 (2000) (appealability when final judgment on foreclosure remains)
- Lyon v. Jones, 291 Conn. 384 (2009) (requirement of actual relief to grant appellate review)