U.S. Bank National Assn. v. Weinbaum

Citations

• 219 Conn. App. 597

Syllabus

Pursuant to the rules of practice (§ 17-32 (b)), a motion for judgment shall not be filed ''before the expiration of fifteen days from the date of the notice of issuance of the default . . . .'' Pursuant further to the rules of practice (§ 17-33 (b)), a court, at or after the time it renders a default, may render judgment in foreclosure cases ''notwithstanding Section 17-32 (b) . . . provided the plaintiff has also made a motion for judgment and provided further that any necessary affidavits of debt or accounts or statements verified by oath, in proper form, are submitted to the judicial authority. . . .'' The plaintiff bank sought to foreclose a mortgage on certain real property owned by the defendant homeowner. The plaintiff filed a motion for default for failure to plead on September 6, 2019, which was granted by the clerk of court on September 17, 2019. The plaintiff then filed a motion for judgment of strict foreclosure on September 24, 2019, eigh- teen days after the motion for default was filed and seven days after the default had entered. The trial court denied the defendant's subsequent motion to set aside the default and rendered a judgment of foreclosure by sale. On the defendant's appeal to this court, held: 1. The defendant could not prevail on her claim that the trial court was required to set aside the default or, alternatively, that the default was set aside automatically when she filed her answer and special defenses, which was based on her claim that the plaintiff's motion for judgment of strict foreclosure was filed only seven days after the clerk of court granted the motion for default for failure to plead in violation of Practice Book § 17-32 (b): the trial court was not required to set aside the default because the fifteen day filing limitation in § 17-32 (b) is not controlling in foreclosure proceedings, as Practice Book § 17-33 (b) expressly autho- rizes a court to render judgment in foreclosure cases at or after the time default is rendered