226 Conn.App. 467
Conn. App. Ct.2024Background
- Nationstar Mortgage initiated a foreclosure action on property owned by Alan Giacomi and his ex-wife; Giacomi was initially not properly served.
- After procedural missteps and multiple attempts, Giacomi was finally cited in and served as a defendant in 2019.
- U.S. Bank was substituted as plaintiff after being assigned the mortgage.
- Giacomi, acting pro se but with legal training, failed to timely plead in response to the operative complaint, resulting in a default and subsequent foreclosure judgment.
- Giacomi filed a motion to open/vacate the default judgment, arguing procedural confusion and equitable defenses, but the trial court denied the motion, finding only negligence on his part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preclusion from Foreclosure Mediation | Defendant defaulted/failure to plead precludes challenge | Denial of mediation was improper and prejudicial | Not a proper challenge to default; claim fails |
| Denial of Request to Revise Complaint | Defendant's default precludes revision request | Court erred in denying his ability to revise the complaint | Not a proper challenge to default; claim fails |
| Default Entered for Failure to Plead | Defendant missed deadline, default was proper | Delay due to misunderstanding of rules, excusable neglect | Default proper, misunderstanding was negligence |
| Motion to Open Default Judgment | No sufficient grounds to reopen, defendant neglected deadlines | Had good defenses and was prevented by error, merit in equity | No abuse of discretion; mere negligence insufficient |
Key Cases Cited
- Pantlin & Chananie Development Corp. v. Hartford Cement & Building Supply Co., 196 Conn. 233 (negligence does not constitute "mistake" under motion to open default standard)
- Disturco v. Gates in New Canaan, LLC, 204 Conn. App. 526 (party’s negligence insufficient for reopening a default judgment)
- TD Banknorth, N.A. v. White Water Mountain Resorts of Connecticut, Inc., 133 Conn. App. 536 (effect of default is admission of facts and preclusion of further defense on liability)
- Perez v. Carlevaro, 158 Conn. App. 716 (default admits facts alleged in complaint and liability is determined)