125 Conn. App. 1
Conn. App. Ct.2010Background
- Mortgage shows in favor of Rockville Bank to secure $500,000 loan on two parcels in East Windsor and South Windsor (undeveloped and developed parcels).
- Defendant Victory Outreach Ministries defaulted; foreclosure by sale was ordered with initial sale date Feb. 9, 2008 later moved to May 17, 2008.
- On May 16, 2008, the parties entered an agreement extending six months to pay in full; deed for undeveloped parcel was to be held in escrow; adjoining parcel owners were to provide written confirmation to sell their parcel if needed.
- Written confirmation was due by May 27, 2008; evidence later showed the confirmation may have been sent by May 23, 2008 but not proven received by plaintiff by May 27, 2008.
- In March 2009, the court found defendant failed to comply with the agreement and set new sale dates; undeveloped parcel was sold on July 11, 2009; committee sought approval of the sale, which was granted August 27, 2009.
- The developed parcel remained to be sold; this appeal challenges both the March 2009 ruling and the August 2009 committee approval.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court erred in ordering a sale despite alleged compliance with the agreement | Rockville Bank argues compliance that nullifies the sale terms. | Victory contends written confirmation had been received and compliance achieved. | No abuse of discretion; timely receipt not proven. |
| Whether committee's handling of undeveloped parcel sale was improper | Bank contends committee misinformed bidders affecting price. | Victory asserts no improper conduct and bid was fair. | No abuse; sale approved based on evidence of proper process. |
| Whether August 27, 2009 sale approval was proper given defendant's alleged compliance | Plaintiff claims prior ruling already foreclosed the argument. | Defendant argues additional evidence could show compliance. | Affirmed; plaintiff not shown error; remand for developed parcel sale. |
Key Cases Cited
- Deutsche Bank National Trust Co. v. Angle, 284 Conn. 322 (2007) (abuses discretion review framework for foreclosure equity)
- Kelly v. Stop & Shop, Inc., 281 Conn. 768 (2007) (clear error standard for trial court findings of fact)
- First Connecticut Capital, LLC v. Homes of Westport, LLC, 112 Conn.App. 750 (2009) (abuse of discretion standard in committee sale context)