mortgage bar in Connecticut

1996General Statutes § 49-1 provides, "[t]he foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for the payment thereof who are made parties to the foreclosure." However, "to the extent that 49-1 limits the mortgagee's remedies, it does so only after the entry of a judgment in foreclosure." People's Bank v. Bilmor Building Corporation , 28 Conn. App. 809 , 821 , 614 A.2d 456 (1992).

1996General Statutes § 49-1 provides, "[t]he foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for the payment thereof who are made parties to the foreclosure." However, "to the extent that 49-1 limits the mortgagee's remedies, it does so only after the entry of a judgment in foreclosure." People's Bank v. Bilmor Building Corporation , 28 Conn. App. 809 , 821 , 614 A.2d 456 (1992).

1931Our law, General Statutes, §5080, provides: “The foreclosure of a mortgage shall be a bar to any further action upon a mortgage debt, note or obligation, unless the person or persons who are liable for the payment thereof are made parties to such foreclosure.” “If the mortgagee is not willing to take the property mortgaged as full payment for his debt, he has only to make all the persons to whom he may wish to resort for further payment parties to his foreclosure suit.” Ansonia National Bank’s Appeal, 58 Conn. 257, 259 , 18 Atl. 1030 .

1931Our law, General Statutes, §5080, provides: “The foreclosure of a mortgage shall be a bar to any further action upon a mortgage debt, note or obligation, unless the person or persons who are liable for the payment thereof are made parties to such foreclosure.” “If the mortgagee is not willing to take the property mortgaged as full payment for his debt, he has only to make all the persons to whom he may wish to resort for further payment parties to his foreclosure suit.” Ansonia National Bank’s Appeal, 58 Conn. 257, 259 , 18 Atl. 1030 .

1995In CTB Realty Ventures XXII, Inc. v. Markoski, 33 Conn. App. 388 , 392 (1994), the Appellate Court stated: "`Under General Statutes [§] 49-1 , a judgment of strict foreclosure extinguishes all rights of the foreclosing mortgagee on the underlying note, except those enforceable through the use of the deficiency judgment procedure delineated in General Statutes [§] 49-14 . . . .

1995In CTB Realty Ventures XXII, Inc. v. Markoski , 33 Conn. App. 388 , 392 (1994), the Appellate Court stated: "`Under General Statutes [§] 49-1 , a judgment of strict foreclosure extinguishes all rights of the foreclosing mortgagee on the underlying note, except those enforceable through the use of the deficiency judgment procedure delineated in General Statutes [§] 49-14 . . . .

2019The mortgagee's title does not become absolute, however, until all eligible parties have failed to exercise their rights to redeem the property." [Citations omitted.] ); RAL Management, Inc. v. Valley View Associates , 278 Conn. 672 , 685 n.12, 899 A.2d 586 (2006) (amended affidavit of debt filed on day that court reentered judgment of foreclosure, when it set new law days).

2019The mortgagee's title does not become absolute, however, until all eligible parties have failed to exercise their rights to redeem the property." [Citations omitted.] ); RAL Management, Inc. v. Valley View Associates , 278 Conn. 672 , 685 n.12, 899 A.2d 586 (2006) (amended affidavit of debt filed on day that court reentered judgment of foreclosure, when it set new law days).

2018Subsection (a) of § 23-18"serve[s] as an exception to the general prohibition of hearsay evidence"; Bank of America, N.A. v. Chainani , 174 Conn. App. 476 , 484, 166 A.3d 670 (2017) ; and provides: "In any action to foreclose a mortgage where no defense as to the amount of the mortgage debt is interposed, such debt may be proved by presenting to the judicial authority the original note and mortgage, together with the affidavit of the plaintiff or other person familiar with the indebtedness, stating what amount, including interest to the date of the hearing, is due, and that there is no setoff

2018Subsection (a) of § 23-18"serve[s] as an exception to the general prohibition of hearsay evidence"; Bank of America, N.A. v. Chainani , 174 Conn. App. 476 , 484, 166 A.3d 670 (2017) ; and provides: "In any action to foreclose a mortgage where no defense as to the amount of the mortgage debt is interposed, such debt may be proved by presenting to the judicial authority the original note and mortgage, together with the affidavit of the plaintiff or other person familiar with the indebtedness, stating what amount, including interest to the date of the hearing, is due, and that there is no setoff

2012In other words, it is clerical error if the judgment as recorded fails to agree with the judgment in fact rendered . . . .” (Internal quotation marks omitted.) Milazzo v. Schwartz, 88 Conn. App. 592, 596 , 871 A.2d 1040 (2005). 6 Practice Book § 23-18 (a) provides: “In any action to foreclose a mortgage where no defense as to the amount of the mortgage debt is interposed, such debt may be proved by presenting to the judicial authority the original note and mortgage, together with the affidavit of the plaintiff or other person familiar with the indebtedness, stating what amount, including inter

2012In other words, it is clerical error if the judgment as recorded fails to agree with the judgment in fact rendered . . . .” (Internal quotation marks omitted.) Milazzo v. Schwartz, 88 Conn. App. 592, 596 , 871 A.2d 1040 (2005). 6 Practice Book § 23-18 (a) provides: “In any action to foreclose a mortgage where no defense as to the amount of the mortgage debt is interposed, such debt may be proved by presenting to the judicial authority the original note and mortgage, together with the affidavit of the plaintiff or other person familiar with the indebtedness, stating what amount, including inter

2006In re Carissa K., 55 Conn. App. 768, 783 , 740 A.2d 896 (1999).

2006In re Carissa K., 55 Conn. App. 768, 783 , 740 A.2d 896 (1999).

1995We have stated, however, that “[i]n the absence of a request for a more specific statement the complaint need not detail the elements constituting the mortgage debt. ” Burritt Mutual Savings Bank of New Britain v. Tucker, 183 Conn. 369, 375 , 439 A.2d 396 (1981).

1995We have stated, however, that “[i]n the absence of a request for a more specific statement the complaint need not detail the elements constituting the mortgage debt. ” Burritt Mutual Savings Bank of New Britain v. Tucker, 183 Conn. 369, 375 , 439 A.2d 396 (1981).

1994That section begins: "[t]he foreclosure of a mortgage is a bar to any further action upon the mortgage debt." In the context of the present case, according to the plain language of this section, the mortgagee, by virtue of its foreclosure on the Berlin mortgage, would be precluded from enforcing its rights under the New Britain mortgage Certainly CT Page 4440 such a result was not intended by the legislature. 6 It is an accepted rule of statutory construction that "those who promulgate statutes or rules do not intend to promulgate statutes or rules that lead to absurd consequences or bizarre r

1994Aetna Casualty & Surety Co. v. Jones, 220 Conn. 285 , 295 n.12, 596 A.2d 414 (1991).

1994Aetna Casualty & Surety Co. v. Jones, 220 Conn. 285 , 295 n.12, 596 A.2d 414 (1991).

1994The plaintiff in any further action upon the debt, note or obligation, shall recover only the amount of such judgment.” General Statutes § 49-1 provides in pertinent part: “The foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for the payment thereof who are made parties to the foreclosure and also against any person or persons upon whom service of process to constitute an action in personam could have been made within this state at the commencement of the foreclosure . . . .” Although the denial of

1994The plaintiff in any further action upon the debt, note or obligation, shall recover only the amount of such judgment.” General Statutes § 49-1 provides in pertinent part: “The foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for the payment thereof who are made parties to the foreclosure and also against any person or persons upon whom service of process to constitute an action in personam could have been made within this state at the commencement of the foreclosure . . . .” Although the denial of

1994The plaintiff in any further action upon the debt, note or obligation, shall recover only the amount of such judgment.” General Statutes § 49-1 provides in pertinent part: “The foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for the payment thereof who are made parties to the foreclosure and also against any person or persons upon whom service of process to constitute an action in personam could have been made within this state at the commencement of the foreclosure . . . .” Although the denial of

1994The plaintiff in any further action upon the debt, note or obligation, shall recover only the amount of such judgment.” General Statutes § 49-1 provides in pertinent part: “The foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for the payment thereof who are made parties to the foreclosure and also against any person or persons upon whom service of process to constitute an action in personam could have been made within this state at the commencement of the foreclosure . . . .” Although the denial of

1994In regard to the interest due plaintiff since the judgment of strict foreclosure became final on October 6, 1993, C.G.S. § 49-1 provides that "foreclosure of a mortgage is a bar to any further actions upon the mortgage debt, note or obligation against the person or persons who are made parties to the foreclosure." However, that section did not change the intent or provisions of C.G.S. § 49-14 , Simsbury Bank Trust Co. v. Ray Carlson Lumber Co., 154 Conn. 216 .

1991General Statutes § 49-1 provides in pertinent part that ‘ ‘[t]he foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for payment thereof who are made parties to the foreclosure and also against any person or persons upon whom service of process to constitute an action in personam could have been made within this state at the commencement of the foreclosure . . . .” (Emphasis added.) See General Statutes (1835 Rev.) tit. 31, c. 4; Public Acts 1878, c. 129; General Statutes (1888 Rev.) §§ 3010, 3011; Gen

1991General Statutes § 49-1 provides in pertinent part that ‘ ‘[t]he foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for payment thereof who are made parties to the foreclosure and also against any person or persons upon whom service of process to constitute an action in personam could have been made within this state at the commencement of the foreclosure . . . .” (Emphasis added.) See General Statutes (1835 Rev.) tit. 31, c. 4; Public Acts 1878, c. 129; General Statutes (1888 Rev.) §§ 3010, 3011; Gen

1991This common law rule is now codified in General Statutes § 49-1, which provides in part that “[t]he foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for the payment thereof who are made parties to the foreclosure.” In Society for Savings v. Chestnut Estates, Inc., 176 Conn. 563, 576-77 , 409 A.2d 1020 (1979), this court held that certain provisions of the former General Statutes § 49-14 violated due process.

1991This common law rule is now codified in General Statutes § 49-1, which provides in part that “[t]he foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for the payment thereof who are made parties to the foreclosure.” In Society for Savings v. Chestnut Estates, Inc., 176 Conn. 563, 576-77 , 409 A.2d 1020 (1979), this court held that certain provisions of the former General Statutes § 49-14 violated due process.

1942Orsi v. Orsi, 125 Conn. 66, 69 , 3 Atl. (2d) 306.