Wells Fargo Bank, N.A. v. Strong
149 Conn. App. 384
| Conn. App. Ct. | 2014Background
- Plaintiff Wells Fargo Bank, N.A., as trustee, sues for foreclosure on 111 Heather Glen Ln, Mystic, CT; mortgage notes a 2003 loan to Diane and Robert Strong; H&R Block Mortgage Corp originally lent funds; chain of title: H&R Block -> Sand Canyon/Option One -> plaintiff via servicer American Home Mortgage Servicing, Inc.; plaintiff asserts ownership of note and debt at suit start; Strongs allege lack of standing due to PSA noncompliance; court granted summary judgment for plaintiff; plaintiff later filed affidavit of debt; defendant sought evidentiary hearing; Robert Strong died during pendency; matter culminates in affirmed judgment of strict foreclosure and remand for new law day.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff had standing to foreclose | Plaintiff is owner of the note and debt. | PSA noncompliance defeats standing. | Plaintiff had standing; PSA noncompliance did not defeat standing. |
| Whether summary judgment on liability was proper | Evidence establishes prima facie ownership and default. | Issues of title under PSA create genuine facts. | Summary judgment proper; plaintiff established prima facie case. |
| Whether the court erred in denying an evidentiary hearing on the affidavit of debt | Affidavit compliance suffices under Practice Book § 23-18. | Needed an evidentiary hearing to challenge affiant's authority/signature. | No abuse of discretion; no mandatory evidentiary hearing required. |
| Whether defendant can challenge ownership of the debt via the PSA as a nonparty | Defendant lacks standing to enforce or dispute PSA terms. | PSA relevance to ownership may be invoked by nonparties. | Defendant lacked standing to challenge plaintiff’s ownership based on the PSA. |
Key Cases Cited
- Equity One, Inc. v. Shivers, 310 Conn. 119 (2013) (standing and contractual privity; servicer standing to foreclose)
- GMAC Mortgage, LLC v. Ford, 144 Conn. App. 165 (2013) (prima facie case; burden shifting in foreclosure actions)
- Ninth RMA Partners, L.P. v. Krass, 57 Conn. App. 1 (2000) (standing vs. merits; distinction in challenges to holder status)
- Bank of America, FSB v. Franco, 57 Conn. App. 688 (2002) (affidavit of debt admissibility under § 23-18)
- J.E. Robert Co. v. Signature Properties, LLC, 309 Conn. 307 (2013) (explanation of securitization mechanics; trust documents)