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Wendover Financial Services Corp. v. Connelly
State: Connecticut
Court: Court of Appeals
Docket No: AC20244
Case Date: 12/26/2000
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. ****************************************************** WENDOVER FINANCIAL SERVICES CORPORATION v. JAMES F. CONNELLY ET AL. (AC 20244)
Landau, Zarella and O'Connell, Js. Argued October 17--officially released December 26, 2000 Counsel

William T. Barrante, for the appellant (named defendant). David F. Borrino, for the appellee (plaintiff).
Opinion

PER CURIAM. In this mortgage foreclosure action, the defendant James F. Connelly appeals from the trial court's denial of his motion to set aside the judgment of foreclosure by sale.1 We affirm the decision of the trial court. The record discloses that the plaintiff, Wendover Financial Services Corporation, commenced a foreclosure action against the defendant on May 13, 1999, with respect to real property in Oakville.2 On July 1, 1999, the plaintiff filed a motion to default the defendant for failure to disclose a defense, which the court granted

on July 19, 1999.3 On the same date, the plaintiff filed a motion for a judgment of strict foreclosure. On September 7, 1999, the court ordered foreclosure by sale, and set November 6, 1999, as the sale date. On October 22, 1999, the defendant filed a motion to set aside the judgment on the ground that he had several defenses to the action.4 The plaintiff filed an objection to the defendant's motion on October 29, 1999. In the objection, the plaintiff argued, inter alia, that (1) notice of default or acceleration was not required, (2) the defendant as executor had no interest in the property, (3) the refusal to offer credit life insurance to the defendant's decedent did not render an otherwise valid mortgage invalid and (4) a violation of 15 U.S.C.
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