Saunders v. KDFBS, LLC

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*********************************************** The “officially released” date that appears near the be- ginning of each opinion is the date the opinion will be pub- lished in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the be- ginning of all time periods for filing postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the latest version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publica- tions, Judicial Branch, State of Connecticut. *********************************************** ROGER SAUNDERS, TRUSTEE v. KDFBS, LLC, ET AL. (AC 40918) Moll, Alexander, and Suarez, Js. Syllabus The plaintiff, as trustee, sought to foreclose a mortgage on certain real property owned by the defendant L Co. In the first count of his complaint, the plaintiff sought foreclosure of the mortgage, alleging, inter alia, that there were encumbrances on the subject property that were subsequent and subordinate to his mortgage, including the mortgage of the defen- dants K and D. In the second count, the plaintiff sought a declaratory judgment that the mortgage of K and D, which was purportedly recorded before the plaintiff’s mortgage, was subordinate to the plaintiff’s mort- gage on the ground that the plaintiff had no notice of K and D’s mortgage because it had been incorrectly indexed by the town clerk’s office. K and D denied the allegation in each count that their mortgage was subordinate to the plaintiff’s mortgage and asserted a special defense that L Co. had mortgaged the subject property to them and that their mortgage was prior in right and title to the plaintiff’s mortgage. Due to a mistake on the mortgage, the town clerk’s office initially indexed the deed under S, the sole member of L Co., as an individual, rather than as a representative of L Co. The trial court rendered judgment for the plaintiff on both counts and ordered a foreclosure by sale. Prior to the sale date set by the court, K and D appealed from the judgment of foreclosure to this court, which dismissed the appeal for lack of a final judgment. K and D, on the granting of certification, appealed to our Supreme Court, which reversed this court’s order and remanded this case to this court for further proceedings. Held that the trial court’s finding that the plaintiff’s mortgage had priority over K and D’s mortgage was not clearly erroneous; …

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