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JP MORGAN CHASE BANK, SUCCESSOR TRUSTEE (BANK ONE, NATIONAL ASSOCIATION) v. DEAN A. GIANOPOULOS ET AL. (AC 32681)
DiPentima, C. J., and Beach and Schaller, Js. Argued May 26--officially released August 30, 2011

(Appeal from Superior Court, judicial district of Stamford-Norwalk, Mintz, J.) Sophie Gianopoulos, (defendant). pro se, the appellant

Jessica L. Braus, for the appellee (plaintiff).

Opinion

SCHALLER, J. The self-represented defendant Sophie Gianopoulos appeals from the judgment of strict foreclosure, as opened and modified, rendered in favor of the plaintiff, JP Morgan Chase Bank, successor trustee in interest to Bank One, National Association. She claims that during a hearing on the plaintiff's motion to open the judgment for the purpose of setting new law days, when attorney Stuart Ratner identified himself as representing ``the defendant,'' the court abused its discretion by failing to inquire whether Ratner represented her interests as well as those of Dean A. Gianopoulos, the named defendant.1 The plaintiff maintains that, in light of the procedural history of this case and the defendant's failure to provide any record in support of her claim on appeal, this appeal was taken solely for the purpose of delay. It requests that this court dismiss the appeal and enter the order nunc pro tunc. We dismiss the appeal but decline to enter the order nunc pro tunc. The following facts and procedural history are relevant. The plaintiff commenced this foreclosure action in December, 2007. In its complaint, it alleged that Dean A. Gianopoulos defaulted on a note secured by a mortgage on the subject premises, a residence in Stamford. It further alleged that the defendant is the record owner of the premises and is in possession thereof. Ratner filed an appearance on the defendant's behalf on January 8, 2008, and filed an appearance on behalf of Dean A. Gianopoulos on February 1, 2008. The court rendered judgment of foreclosure by sale on February 4, 2008, and set a sale date of August 9, 2008. The defendant, appearing pro se, filed a petition in the United States Bankruptcy Court for the District of Connecticut (Bankruptcy Court) dated July 8, 2008, which served to stay the foreclosure proceedings automatically.2 The plaintiff obtained from the Bankruptcy Court an order granting it relief from the bankruptcy stay. The plaintiff filed a motion to open the foreclosure judgment for the purpose of setting a new sale date, which the court granted, setting a sale date of November 1, 2008. The sale did not go forward as scheduled because the defendant filed notice that the Bankruptcy Court had revived the stay. The bankruptcy action eventually was dismissed without prejudice in July, 2009. On the plaintiff's motion, the court opened the judgment for the purpose of setting a new sale date, which the court set for October 31, 2009. Days before the scheduled sale, the defendant again sought bankruptcy protection, which again stayed the foreclosure proceedings. The Bankruptcy Court dismissed the action on December 16, 2009. On December 18, 2009, the plaintiff filed another motion to open the foreclosure judgment for the pur-

pose of resetting the sale date. On January 25, 2010, the trial court ordered that the foreclosure by sale be converted to a strict foreclosure and set February 23, 2010, as the law day for the owner of the equity of redemption.3 Prior to the law day, the defendant moved the Bankruptcy Court to vacate the dismissal of her petition, and the foreclosure action was again stayed. The bankruptcy action was dismissed on August 5, 2010.4 On August 6, 2010, the plaintiff filed another motion to open the foreclosure judgment; this time, the motion was for the purpose of setting a new law day. At a hearing on the motion on August 16, 2010, the court made an updated finding of debt and an updated finding of the fair market value of the property and rendered judgment setting the new law days to begin September 21, 2010. On September 7, 2010, the defendant filed the present appeal and, consequently, the automatic appellate stay provision pursuant to Practice Book

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Connecticut Law