U.S. Bank, National Assn. v. Nelson , 173 Conn. App. 34 ( 2017 )

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U.S. BANK, NATIONAL ASSOCIATION, TRUSTEE v.
MOSES NELSON ET AL.
(AC 38638)
DiPentima, C. J., and Sheldon and Blue, Js.
Argued March 21—officially released May 9, 2017
(Appeal from Superior Court, judicial district of
Fairfield, Hon. Alfred J. Jennings, Jr., judge trial referee
[judgment of strict foreclosure; motion to open]; Hon.
Richard P. Gilardi, judge trial referee [motion to
dismiss].)
Moses Nelson, self-represented, the appellant
(named defendant).
David M. Bizar, for the appellee (plaintiff).
Opinion
PER CURIAM. The self-represented defendant Moses
Nelson1 appeals from the denial of his motion to dismiss
the underlying strict foreclosure judgment rendered by
the trial court in favor of the plaintiff, U.S. Bank,
National Association, as Trustee for Bank of America
Funding Corporation 2007-1. On appeal, the defendant
makes a variety of claims challenging the court’s rulings
on his motion to open the judgment of strict foreclosure
and motion to dismiss the underlying strict foreclo-
sure action.
After reviewing and considering the record in this
case, the briefs and the arguments of the parties on
appeal, we conclude that the court properly denied the
defendant’s motion to open because once the law day
passed the title of the property vested in the plaintiff
and not the defendant.2 See Deutsche Bank National
Trust Co. v. Pardo, 170 Conn. App. 642, 652, A.3d
(2017) (‘‘[a] critical factor to be recognized in connec-
tion with a motion to reopen a judgment of strict fore-
closure is that the motion must be heard, and not merely
filed, prior to the vesting of title’’ [internal quotation
marks omitted]). We also conclude that the defendant’s
challenge to the court’s denial of his motion to dismiss
based on the plaintiff’s standing lacks merit.
The judgment is affirmed.
1
PNC Bank, National Association, was also named as a defendant but is
not involved in this appeal. Our references to the defendant are to Nelson.
2
To the extent that the defendant has challenged the authority of the
plaintiff to transact business in Connecticut, we note that his answer to the
complaint did not raise that issue as required under Practice Book § 10-46.