DocketNumber: No. 059089
Citation Numbers: 1992 Conn. Super. Ct. 4825
Judges: PICKETT, J.
Filed Date: 5/28/1992
Status: Non-Precedential
Modified Date: 4/18/2021
Upon receipt of the defendants' application the plaintiff withdrew the first count of its complaint seeking foreclosure of a $130,000.00 first mortgage leaving the second count for foreclosure of a second mortgage of $15,000.00. The plaintiff now objects to the defendants' application on the grounds that such relief is available only against a lender "who makes or holds mortgage loans in the ordinary course CT Page 4826 of business and who is the holder of any first mortgage on residential real estate which is the subject of a foreclosure action." General Statutes
By reason of the allegations in the first count of its original complaint, the plaintiff has made a judicial admission that it is the holder of a first mortgage. In the construction of a statute, the court looks to the intent of the legislature. North Haven v. Planning
Zoning Commission,
Accordingly, the plaintiff's objection to the defendants' application for protective order is overruled.
PICKETT, J.