Gibson v. Jefferson Woods Community, Inc.

Citations

• 206 Conn. App. 303

Syllabus

The plaintiff sought to foreclose a mortgage on certain real property, a condominium unit, owned by the defendant P. The defendant J Co. was the condominium association for the complex, which included the condominium unit at issue. The previous owner of the unit, T, had executed a note and mortgage in favor of M, which was recorded in the land records. J Co. thereafter recorded a lis pendens on the unit in the land records and commenced a foreclosure action against T and M in which it sought a judgment of strict foreclosure as to its condominium common charge lien on the property. The trial court in that prior foreclo- sure action rendered a judgment of strict foreclosure. M assigned to the plaintiff his rights, title and interest in the mortgage note and deed encumbering the property, and the plaintiff recorded in the land records the assignment of that interest five days before the law days were set to run. No party redeemed and no party appealed the judgment of strict foreclosure. J Co. then sold the unit to P. Several years later, the plaintiff brought this action against, inter alia, J Co. and P, in which she sought the foreclosure of the mortgage that M had assigned to her and damages for unjust enrichment. The trial court granted the motion to dismiss filed by J Co. on the ground that the plaintiff lacked standing. From the judgment rendered thereon, the plaintiff appealed to this court. Held: 1. The plaintiff could not prevail on her claim that the trial court improperly granted J Co.'s motion to dismiss count one of her complaint on the ground that she lacked standing, which was based on her claim that the mortgage that she sought to foreclose had not been extinguished in the prior foreclosure action: when the law day passed for the mortgage that M had assigned to the plaintiff, her right to redeem the property ended and, although the plaintiff had constructive notice of the prior action, she did not litigate the issue of subject matter jurisdiction in that