KeyBank, N.A. v. Yazar

Citations

• 347 Conn. 381

Syllabus

Pursuant to statute (§ 8-265ee (a)), ''a mortgagee who desires to foreclose upon a mortgage . . . shall give notice to each homeowner who is a mortgagor by registered, or certified mail, postage prepaid at the address of the property which is secured by the mortgage. No such mortgagee may commence a foreclosure of a mortgage prior to mailing such notice.'' Pursuant further to statute (§ 8-265dd (b)), ''no judgment of strict foreclosure nor any judgment ordering a foreclosure sale shall be entered in any action instituted by the mortgagee . . . for the foreclosure of an eligible mortgage unless . . . notice to the homeowner who is a mortgagor has been given by the mortgagee in accordance with section 8-265ee and the time for response has expired . . . .'' The plaintiff bank sought to foreclose a mortgage on certain real property owned by the defendants. The named defendant, E, had executed a promissory note in favor of the plaintiff's predecessor, F Co., that was secured by the mortgage. The defendant O, who is E's former spouse, was not a signatory to the note. E subsequently failed to make required payments on the note, and, in 2016, F Co. sent separate notices of default to both E and O. Pursuant to § 8-265ee (a), F Co. also sent E and O notices that advised them of the resources available under the state's Emergency Mortgage Assistance Program (EMAP), which is designed to assist homeowners in avoiding foreclosure by providing a mechanism and funding for emergency mortgage and lien assistance payments. Thereafter, the plaintiff became the payee of the note as successor by virtue of its merger with F Co., and it commenced a foreclosure action against E and O that was subsequently dismissed. The plaintiff then 382 AUGUST, 2023 347 Conn. 381 KeyBank, N.A. v. Yazar commenced a second foreclosure action against E and O, the present action, which was based on the same default that was the subject of the earlier foreclosure action. The trial court subsequently granted th