Preview:

****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ******************************************************

CITIBANK, N.A., TRUSTEE (SACO 2007-2) v. DEBRA LINDLAND, EXECUTRIX (ESTATE OF MADYLYN LANDIN) ET AL. (AC 32723)
DiPentima, C. J., and Lavine and Schaller, Js. Argued May 18--officially released September 27, 2011

(Appeal from Superior Court, judicial district of Middlesex, M. Taylor, J. [motions to join]; Holzberg, J. [motion to open].) Peter A. Ventre, for the appellant (plaintiff). Barbara M. Schellenberg, with whom were David A. Ball and, on the brief, Philip C. Pires, for the appellee (defendant Robert Olsen et al.).

Opinion

SCHALLER, J. This appeal requires us to determine whether the trial court had the authority to open a judgment of foreclosure by sale after title to the real property had been conveyed to the successful bidder, despite irregularities in the process. The plaintiff, Citibank, N.A., as trustee of SACO 2007-2, appeals from the judgment of the trial court granting a motion to open the judgment of foreclosure by sale filed by Robert Olsen,1 the successful bidder in whom title to the foreclosed property had vested. On appeal, the plaintiff claims that the court improperly (1) opened the judgment of foreclosure because it lacked authority to do so and (2) granted the motions to intervene as party defendants filed by Olsen and 17 Ridge Road, LLC.2 We reverse the judgment of the trial court. The court, Holzberg, J., conducted an evidentiary hearing on Olsen's motion to open over the course of two days and issued a memorandum of decision dated August 5, 2009. The following facts and procedural history are undisputed and are relevant to the issues in the present appeal. On May 1, 2008, the plaintiff initiated a foreclosure action against Debra Lindland, executrix of the estate of Madlyn Landin (estate); see footnote 1 of this opinion; alleging that the estate had defaulted on a mortgage loan owed to the plaintiff, which was secured by property located at 17 Ridge Road in Cromwell. Importantly, the foreclosure complaint alleged that there was a mortgage prior in right to the plaintiff's mortgage. On July 10, 2008, in support of its motion for a judgment of strict foreclosure, the plaintiff filed with the court a foreclosure worksheet reflecting the absence of any equity in the property. Specifically, the worksheet disclosed: a fair market value of $305,000; the existence of a first mortgage in the amount of $295,200; and a debt arising out of the plaintiff's second mortgage in the amount of $82,615.46.3 The first mortgage was held by IndyMac Federal Bank, FSB (IndyMac), which had initiated a separate foreclosure action on its priority mortgage. On August 4, 2008, the plaintiff's motion for judgment of strict foreclosure appeared on the short calendar. Judge Holzberg found incorrectly that there was substantial equity in the property justifying a sale4 pursuant to General Statutes

Download Citibank, N.A. v. Lindland.pdf

Connecticut Law