U.S. Bank, National Assn. v. Fitzpatrick, 206 Conn.App. 509

U.S. Bank, as trustee, sued to foreclose a mortgage on real property owned by Christopher M. Fitzpatrick.
Trial court granted summary judgment as to liability and entered a judgment of foreclosure by sale; this court affirmed and remanded to set a new sale date.
On remand the trial court ordered a sale for Feb 22, 2020, waived newspaper advertising, and the sale was posted on the Judicial Branch foreclosure listings website.
The committee of sale received a single bid (from U.S. Bank) and filed a motion to approve the sale; Fitzpatrick objected, arguing lack of newspaper advertisement prejudiced him.
The trial court approved the sale and deed on June 3, 2020. Fitzpatrick appealed, and the plaintiff moved to terminate the appellate stay; the trial court granted that motion but Fitzpatrick did not file the Practice Book §61-14 motion for review.
Because Fitzpatrick failed to seek review of the termination of the appellate stay, the judicial sale became final, title vested in U.S. Bank, Fitzpatrick’s equity of redemption was extinguished, and this appeal was dismissed as moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mootness of appeal after termination of appellate stay	Appeal is moot because defendant failed to seek review of the trial court’s order terminating the stay; title vested	Objected to termination but did not file motion for review within 10 days	Appeal is moot; sale final; right of redemption extinguished; appeal dismissed
Validity of approving committee sale without newspaper ads	Waiver of newspaper ads was proper; Judicial Branch listing provided notice; defendant did not object when order issued	Lack of newspaper advertising prejudiced defendant and warranted denying sale approval	Court did not reach merits because case was moot; trial court had waived ads and overruled objection below

Ocwen Federal Bank, FSB v. Charles, 95 Conn. App. 315 (Conn. App. 2006) (explains foreclosure redemption rights and mootness)
RAL Management, Inc. v. Valley View Associates, 278 Conn. 672 (Conn. 2006) (mootness doctrine and appellate jurisdiction)
Wells Fargo Bank of Minnesota, N.A. v. Morgan, 98 Conn. App. 72 (Conn. App. 2006) (foreclosure sale confirmation and extinguishment of redemption)
Lucas v. Deutsche Bank National Trust Co., 103 Conn. App. 762 (Conn. App. 2007) (procedural requirement: motion for review is sole remedy to challenge termination of stay)
U.S. Bank National Assn. v. Fitzpatrick, 190 Conn. App. 773 (Conn. App. 2019) (prior appellate decision in same matter directing remand for new sale date)