U.S. Bank National Ass'n v. BlowersAnnotate this Case
The Supreme Court reversed the judgment of the Appellate Court affirming the trial court's judgment of strict foreclosure in favor of Plaintiff's mortgagee, U.S. Bank National Association, holding that the Appellate Court erred in striking Defendant's special defenses and counterclaims.
After Plaintiff commenced this foreclosure action Defendant filed an answer special defenses, and counterclaims. The special defenses sounded in equitable estoppel and unclean hands and the counterclaims sounded in negligence and violations of the Connecticut Unfair Trade Practices Act (CUTPA), Conn. Gen. Stat. 42-110a et seq. The trial court granted Plaintiff's motion to strike all of the special defenses and counterclaims on the grounds that the alleged misconduct did not relate to the making, validity, or enforcement of the note or mortgage. The Appellate Court affirmed. The Supreme Court reversed, holding that a mortgagee's misconduct that hinders a mortgagor's efforts to cure a default and adds to the mortgagor's debt while the mortgagor is making good faith efforts is a proper basis for special defenses or counterclaims in that action.