World Business Lenders, LLC v. 526-528 North Main Street, LLC

Citations

• 197 Conn. App. 269

Syllabus

The plaintiff sought to foreclose a mortgage on certain real property owned by the named defendant and to collect payment of the debt from the defendant S, who had executed a continuing guarantee for payment and performance obligations due under the note. Following the trial court's granting of the plaintiff's motion to substitute W Co. as the plaintiff, the court rendered judgment of strict foreclosure in favor of W Co., from which S appealed to this court. Held: 1. S lacked standing to challenge the foreclosure judgment on appeal: as a guarantor, she was not a party to the mortgage or the note and she had neither a legal interest in the property securing the note nor an equitable or statutory right of redemption in the property and, thus, this court lacked subject matter jurisdiction to determine her appeal. 2. The trial court did not render final judgment with respect to the count of the complaint seeking to enforce the guarantee against S and, thus, the appeal was dismissed with regard to that count for lack of a final judgment. Argued February 4—officially released May 5, 2020