Pennymac Corp. v. Tarzia

Citations

• 215 Conn. App. 190

Syllabus

The plaintiff, P Co., sought to foreclose a mortgage on certain real property owned by the defendant T. P Co., as holder of the note and mortgage at the time of the commencement of the action, sent a letter to T by certified mail return receipt requested, notifying him that the loan was in default and, pursuant to statute (§ 8-265ee (a)), provided him with the specific notice required to be given prior to its commencement of a foreclosure of a qualifying mortgage under the Emergency Mortgage Assistance Program (EMAP). Thereafter, P Co. assigned the note and mortgage to W Co., and W Co. was substituted as the plaintiff. Subse- quently, the trial court rendered judgment of strict foreclosure, and set law days. T filed a motion to open on the last extended law day, claiming that the judgment needed to be opened so that he may pursue a motion to dismiss the action for P Co.'s failure to comply with the notice provision of § 8-265ee (a). Specifically, T claimed that P Co. never sent the EMAP notice and, in support of that contention, provided the affidavit of a consultant who previously worked in the United States Postal Service (USPS). The consultant claimed in a report that, although P Co. created a certified mail label, the EMAP notice was never actually placed in the mail system, as revealed by a tracking query he produced from the USPS website. Subsequently, the trial court denied T's motion. On appeal, T claimed, inter alia, that the trial court incorrectly determined that it had subject matter jurisdiction over the foreclosure action on the ground that P Co. provided T with the required EMAP notice. Held that the trial court correctly determined that it had subject matter juris- diction over the present foreclosure action and that the court's factual findings that P Co. complied with the EMAP notice requirement under § 8-265ee (a) were not clearly erroneous, as W Co.'s evidence amply supported the trial court's factual finding that P Co. provided the required EMAP