U.S. BANK NATIONAL ASSOCIATION, TRUSTEE v. LOUISE WORKS, 160 Conn. App. 49

Summary

HOLDINGS: [1]-The appellate court had jurisdiction over a challenge to the trial court's authority to open a judgment of strict foreclosure (JSF) under an exception to Conn. Gen. Stat. § 52-263; [2]-The JSF was properly opened under Conn. Gen. Stat. § 49-15(b) as after the dismissal of defendant's bankruptcy cases, which stayed the JSF, new law days were not set, and when defendant moved to open the JSF, the law days had not passed and plaintiff did not hold absolute title to the property; [3]-The ruling opening the JSF was proper as the court found good cause to set aside the default under Conn. Gen. Prac. Book, R. Super. Ct. § 17-42 as defendant had raised viable defenses, there would be no prejudice to plaintiff if the default were opened and defendant had not been negligent in her defense of the foreclosure action, which sufficiently established cause shown under § 49-15(a)(1).