Capital for Change, Inc. v. Wall Street Associates, LLC

Citations

• 232 Conn. App. 646

Syllabus

The defendants, W Co. and D, appealed from the trial court's judgment of strict foreclosure rendered for the plaintiff. The defendants claimed, inter alia, that the court improperly rendered summary judgment as to liability only because the court improperly concluded as a matter of law that the defendants could not prevail with respect to their special defense alleging a violation of the Connecticut Unfair Trade Practices Act (CUTPA) (§ 42- 110a et seq.). This court concluded that D, as a guarantor who was not a party to the notes, amended notes, mortgages, or mortgage modification agreement, lacked standing to challenge the trial court's judgment of strict foreclosure, and, accordingly, this court dismissed the appeal from the judgment of strict foreclosure as to D. The trial court properly determined that a CUTPA violation may not be asserted as a special defense in a foreclosure action and did not preclude the rendering of summary judgment in the plaintiff's favor. This court declined to review W Co.'s claim that the trial court should have construed its special defense alleging a CUTPA violation as alleging unclean hands, as W Co. failed to plead or raise a claim of unclean hands at any time before the trial court and, thus, the claim was not properly before this court. Argued November 19, 2024—officially released May 20, 2025