JPMorgan Chase Bank, National Ass'n v. Malick
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The Supreme Court affirmed the judgment of the appellate court reversing the trial court's judgment of strict foreclosure rendered against Defendant on the basis that Practice Book 23-18(a) did not apply as a matter of law in the instant case, holding that the appellate court did not err.
In this action to foreclose a mortgage on some of Defendant's real property the trial court granted summary judgment for Plaintiff as to liability and entered a judgment of strict foreclosure, but the appellate court reversed. Plaintiff argued that the appellate court erroneously concluded that section 23-18(a) did not apply in this case because Defendant had objected to the mortgage debt amount. Plaintiff specifically argued that because Defendant failed to provide evidence supporting his claims that Plaintiff had miscalculated the amount of interest and municipal taxes he owed the trial court correctly allowed him to establish the amount of the debt by affidavit. The Supreme Court disagreed and affirmed, holding that the trial court erred allowing Plaintiff to establish the amount of the debt by affidavit.
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