U.S. Bank National Assn. v. Rothermel.

Citations

• 339 Conn. 366

Syllabus

Pursuant to statute (§ 49-15 (a) (1)), ''[a]ny judgment foreclosing the title to real estate by strict foreclosure may, at the discretion of the court rendering the judgment, upon the written motion of any person having an interest in the judgment and for cause shown, be opened and modified . . . provided no such judgment shall be opened after the title has become absolute in any encumbrancer . . . .'' The plaintiff bank sought to foreclose a mortgage on certain real property owned by the defendant. The trial court rendered a judgment of strict foreclosure, and, while negotiating over the next five years, the parties filed numerous motions to open the judgment, each prior to the passage of the law day. The court thereafter opened the judgment for a final time and set the law day for March 12, 2019. Before that date, the plaintiff's loan servicer, S Co., sent the defendant letters erroneously stating that a ''foreclosure sale'' of the property would occur on March 13, 2019. On the evening of March 12, the defendant called S Co. and was told that the foreclosure sale was scheduled for the following day. The defendant then contacted a new attorney, who, on March 13, filed a motion to open the judgment, claiming that the defendant's reliance 339 Conn. 366 NOVEMBER, 2021 367 U.S. Bank National Assn. v. Rothermel on S Co.'s misrepresentations caused her not to file the motion before the passage of the law day. The trial court denied the defendant's motion, concluding that it did not have jurisdiction to open the judgment under § 49-15 and that the equities of the case did not warrant granting relief. After the defendant appealed to the Appellate Court, the plaintiff filed a motion to dismiss the appeal on the ground that the appeal was moot because the passage of the law day precluded the defendant from obtaining any practical relief. The Appellate Court dismissed the defen- dant's appeal, and the defendant, on the granting of certification, appealed to this court, claimi