Homebridge Financial Services, Inc. v. Jakubiec

Citations

• 223 Conn. App. 517

Syllabus

The original plaintiff, H Co., sought to foreclose a mortgage on certain real property owned by the defendant T. Just before the commencement of the present action, H Co. recorded a lis pendens on the land records regarding the property. T died two days after he had been served with process commencing the present action. The court subsequently granted H Co.'s motion to cite in as defendants, inter alia, T's widow, heirs, beneficiaries, representatives or creditors, and H Co. filed an amended complaint to include these parties. Thereafter, H Co. moved for a judg- ment of strict foreclosure, and T's widow, R, filed an objection, claiming that she had notified H Co.'s counsel of her contact information but had not received any papers or notice in connection with the foreclosure action. R subsequently filed a motion to dismiss, alleging a lack of personal jurisdiction due to ineffective service of process, and the trial court granted the motion to dismiss with respect to T's estate but noted that the case remained pending as to the other parties cited in by H Co. Several months later, H Co. filed a motion for summary judgment as to liability, contending that the note and mortgage were in default by virtue of nonpayment. R objected to H Co.'s motion for summary judgment and filed an answer and special defenses, including, inter alia, unclean hands. Thereafter, the court granted a motion to substitute F Co. for H Co., as F Co. had acquired the right to collect the debt due on the loan. The court granted F Co.'s motion for summary judgment with respect to liability, determining that F Co. had demonstrated that it was the holder of the note and therefore was entitled to pursue this foreclosure action, that F Co. had established a prima facie case, that the note had been in default for nonpayment for more than three years, and that R failed to present evidence to support her special defenses. Two months later, the court rendered a judgment of strict foreclosure. F Co. subse-