184 Conn. App. 356
Conn. App. Ct.2018Background
- Real Estate Mortgage Network, Inc. brought a strict-foreclosure action against Laura Squillante on a mortgage for property in South Windsor; Squillante defaulted.
- Trial court rendered judgment of strict foreclosure and set an initial law day.
- Squillante filed a motion to open; the court granted it and extended the law day to June 8, 2015.
- After denying a subsequent motion to reopen on June 8, 2015, the court reset the law day to June 29, 2015; no appeal or redemption occurred on that day.
- Nine months later Squillante filed a second motion to reopen, arguing the June 29 law day was invalid because it fell within the appeal period for the June 8 denial, so title could not have vested.
- The trial court denied the second motion as moot; the appellate court reversed the procedural form (should have been dismissed) and affirmed that title vested on June 29, 2015.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a law day set to fall on the last day to appeal from a denial of a motion to reopen invalidly shortens the appeal period | Law day is valid; title vests when mortgagor fails to redeem | Law day is invalid because it coincides with the final appeal day, thus shortening appeal time and preventing judicial review | Held: Law day valid; appeal period (clerk filings due by 5:00 p.m.) differs from redemption period (ends at midnight), so appeal time was not shortened; title vested and the second motion was moot (should have been dismissed) |
Key Cases Cited
- Continental Capital Corp. v. Lazarte, 57 Conn. App. 271 (holding law day cannot shorten an appeal period)
- First National Bank of Chicago v. Luecken, 66 Conn. App. 606 (appeal moot if filed after title vests)
- Ocwen Fed. Bank, FSB v. Charles, 95 Conn. App. 315 (passing of law day extinguishes equitable redemption and vests title)
- Barclays Bank of New York v. Ivler, 20 Conn. App. 163 (description of strict foreclosure and law day effect)
- First Fed. Sav. & Loan Assn. of Rochester v. Pellechia, 37 Conn. App. 423 (equitable redemption runs until midnight on law day)
- New Milford Sav. Bank v. Jajer, 244 Conn. 251 (rare circumstances where court may open judgment after title vests)
- Wells Fargo Bank, N.A. v. Melahn, 148 Conn. App. 1 (trial court may open judgment after vesting in limited circumstances)