DocketNumber: No. 0562471
Citation Numbers: 2003 Conn. Super. Ct. 2773
Judges: MARTIN, JUDGE.
Filed Date: 2/26/2003
Status: Non-Precedential
Modified Date: 4/17/2021
On June 10, 2002, the plaintiff, Chase Manhattan Mortgage Corporation, filed a one-count complaint against the defendant,1 Frances Bellanceau, seeking foreclosure of a mortgage, possession of the mortgaged property, a deficiency judgment, the appointment of a receiver to collect rent and profits from the mortgaged property, as well as, attorneys fees and costs. The complaint alleges that the plaintiff is an assignee of a note and mortgage executed by the defendant in favor of Crossland Mortgage Corporation. The plaintiff further alleges that it now holds and owns the note and mortgage. On July 10, 2002, the plaintiff moved for a judgment of strict foreclosure.
On July 22, 2002, the defendant filed an answer denying any default as to the terms of the mortgage. On September 10, 2002, the plaintiff filed a motion for summary judgment on the ground that there are no genuine issues of material fact as to the defendant's liability and that it is entitled to judgment as a matter of law. The defendant submitted an objection to the plaintiff's motion for summary judgment, dated October 15, 2002.
Discussion
"Practice Book §
In order for the plaintiff to make out a prima facie case in a foreclosure action, it must "prove by a preponderance of the evidence that it [is] the owner of the note and mortgage and that [the defendant has] defaulted on the note." Webster Bank v. Flanagan,
The defendant submitted a memorandum of law in opposition accompanied by unauthenticated documents, such as a memorandum of property insurance, copies of postal receipts, cashier checks, and bank statements. The defendant denies that she is in default but fails to offer evidence in support of this assertion.
As the evidence submitted by the plaintiff is undisputed, the plaintiff has made out a prima facie case for the foreclosure of the mortgaged property. Accordingly, the plaintiff's motion for summary judgment is granted because there is no material issue of fact as to the defendant's liability under the mortgage and note.
Judge Martin