MYRTLE MEWS ASS'N, INC. v. Bordes
125 Conn. App. 12
| Conn. App. Ct. | 2010Background
- Myrtle Mews Association forecloses on property where MERS, Inc. held a mortgage; writ of summons named MERS, Inc. and was delivered to the Michigan address listed on the mortgage deed and forwarded to Florida.
- Defendant defaulted for failure to appear on February 19, 2008; plaintiff obtained a judgment of strict foreclosure on August 11, 2008; law date set for September 9, 2008.
- Defendant moved to open the judgment on November 26, 2008, asserting lack of personal jurisdiction and improper process, and the court held a hearing March 2, 2009.
- At the March 2, 2009 hearing, the court discussed service issues but proceeded to address the equitable issue of strict foreclosure versus foreclosure by sale, and denied the motion to open; motion to reargue denied.
- On appeal, defendant contends the court never acquired personal jurisdiction due to service at Michigan/Florida addresses and corporate status; plaintiff contends consent to jurisdiction; the record is inadequate to review the jurisdiction issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had personal jurisdiction over MERS | consent to jurisdiction implied by appearance/defense | service at Michigan/Florida addresses invalid; lack of incorporation/place of business facts | Record inadequate to review personal jurisdiction; findings missing |
| Whether the judgment could be opened after title became absolute | statutory authority to open if cause shown before title becomes absolute | opening should be allowed despite title status if proper process | Title became absolute; §49-15 permits opening only for cause before that; court properly denied opening |
| Whether the trial court failed to provide factual basis for its decision | record supports denial based on consent or jurisdiction | lack of factual findings prevents review of jurisdiction | Record void of essential factual findings; we cannot review merits of jurisdiction claim |
Key Cases Cited
- Argent Mortgage Co., LLC v. Huertas, 288 Conn. 568 (2008) (personal-jurisdiction voidity evident when process defective)
- City Lumber Co. of Bridgeport, Inc. v. Murphy, 120 Conn. 16 (1935) (title becomes absolute after law days; redemption rights cut off)
- State v. Wilson, 111 Conn.App. 614 (2008) (need for record to review trial court decisions; compel record)
- Phoenix Leasing, Inc. v. Kosinski, 47 Conn. App. 650 (1998) (consent can-found to establish personal jurisdiction)
- Nascimento v. Connecticut Life & Casualty Ins. Co., 108 Conn. App. 447 (2008) (standard for reviewing factual findings on appeal)