140 Conn. App. 271
Conn. App. Ct.2013Background
- Foreclosure action against Masto’s unit; New Century listed on land records served by certified mail; New Century filed for bankruptcy and allegedly transferred loans; judgment of strict foreclosure rendered June 15, 2010; title vested in association August 12, 2010; Deutsche substituted as party in October 2010/November 2010; Deutsche moved to open the judgment February 2, 2011; trial court found no jurisdiction to open under § 49-15 and denied the motion; on appeal the court agrees there was no jurisdiction but would have dismissed the motion as moot and reversed the form of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service on New Century gave jurisdiction to open | Deutsche argues lack of proper jurisdiction due to service issues. | Association argues service complied with § 33-929 and records doctrine. | Service proper; court lacked jurisdiction to open the judgment. |
| Proper remedy after title vested; whether to dismiss or deny | Argued denial was appropriate under § 49-15. | N/A or not explicitly stated. | Court should have dismissed the motion to open, not denied. |
Key Cases Cited
- Argent Mortgage Co., LLC v. Huertas, 288 Conn. 568 (Conn. 2008) (dismissal when no practical relief after title vests; jurisdictional issue central)
- Highgate Condominium Assn., Inc. v. Miller, 129 Conn. App. 429 (Conn. App. 2011) (opening after vesting requires proper jurisdiction; if no relief, dismissal suggested)
- Falls Mill of Vernon Condominium Assn., Inc. v. Sudsbury, 128 Conn. App. 314 (Conn. App. 2011) (motion to open post-vesting; jurisdictional vs. supervisory discretion)
- Safford v. McNeil, 102 Conn. 684 (Conn. 1925) (land records are authoritative on title)
- Wheeler v. Young, 76 Conn. 44 (Conn. 1903) (records reliability with title)