Chase Home Finance, LLC v. Scroggin

Citations

• 224 Conn. App. 549

Syllabus

The plaintiff, C Co., sought to foreclose a mortgage on certain real property owned by the defendant, S. Thereafter, A Co. was substituted for C Co., and the trial court granted A Co.'s motion for a judgment of strict foreclosure and rendered judgment thereon, from which S appealed to this court, which reversed in part the trial court's judgment and remanded the case to that court for further proceedings. Following the remand, A Co. filed a motion for summary judgment as to liability only, and, in support of its motion, submitted, inter alia, the affidavit of H, a litigation specialist employed by A Co.'s loan servicer. In her affidavit, H summarized the history of the assignment of the mortgage and further averred that C Co. had been the holder of the note at the time the present action was commenced and that A Co. was the current holder of the note and the mortgagee of record. After the deadline for filing a response to A Co.'s motion for summary judgment expired, S filed a document captioned ''Practice Book § 17-47 Motion for Extension of Time to Respond to the Plaintiff's Motion for Summary Judgment, or Alternatively, Objection to Summary Judgment,'' which the court denied as untimely. S then noticed the deposition of a designee of A Co., seeking various documents, and A Co. filed a motion for a protective order on the grounds that S's requests were untimely and sought information to which he was not entitled, and the trial court summarily granted the motion for a protective order. When the parties appeared before the court, the court granted A Co.'s motion for summary judgment without a hearing, in the absence of opposition, after S's attorney acknowledged that he had not filed a response to the motion. Subsequently, A Co. filed a motion for a judgment of strict foreclosure, which the trial court granted and rendered judgment thereon, from which S appealed to this court, which reversed in part the trial court's judgment and remanded the case to that court for f