Bank of N.Y. Mellon v. Tope
Decision Date | 20 December 2022 |
Docket Number | SC 20592 |
Citation | 345 Conn. 662,286 A.3d 891 |
Parties | The BANK OF NEW YORK MELLON v. Achyut M. TOPE et al. |
Court | Connecticut Supreme Court |
Thomas P. Willcutts, Hartford, for the appellant (named defendant).
Willaim R. Dziedzic, with whom, on the brief, was Joseph R. Dunaj, for the appellee (plaintiff).
Robinson, C. J., and McDonald, D'Auria, Mullins and Alexander, Js.
The named defendant, Achyut M. Tope,1 appeals from the judgment of the Appellate Court, which affirmed the trial court's denial of his motion to open and vacate the judgment of foreclosure by sale rendered by the trial court in favor of the plaintiff, The Bank of New York Mellon.2 In this certified appeal, the defendant claims that the Appellate Court incorrectly concluded that his motion to open and vacate the judgment of foreclosure by sale constituted a collateral attack on an earlier judgment. The defendant further claims that the trial court improperly denied his motion to open, which alleged that the plaintiff did not have standing to bring the foreclosure action.3
We agree with the defendant that the Appellate Court incorrectly concluded that his motion to open constituted a collateral attack on an earlier judgment. We also reject the alternative ground that the trial court properly denied the defendant's motion to open, in which he claimed that the trial court lacked subject matter jurisdiction. Accordingly, we reverse the judgment of the Appellate Court and remand the case to that court with direction to remand to the trial court for further proceedings consistent with this opinion.
The record reveals the following relevant factual and procedural history. "On October 31, 2003, the defendant executed a promissory note in the amount of $134,000, payable to HSBC Mortgage Corporation (USA) (HSBC). To secure that note, the defendant mortgaged property located at 387 Sherman Avenue in New Haven (property) to HSBC. The note was later endorsed to ‘JPMorgan Chase Bank, as Trustee.’ On January 15, 2014, HSBC assigned the mortgage to the plaintiff.
On April 11, 2016, the court granted the defendant's motion and vacated the foreclosure judgment.
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JPMorgan Chase Bank v. Essaghof
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... ... in the principal amount of $580,000 to First Niagara Bank, ... N.A., to refinance an existing loan and to convert it from a ... our review is plenary. See, e.g., Bank of New York Mellon ... v. Tope, 345 Conn. 662, 677, 286 A.3d 891 (2022). It is ... ...
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JPMorgan Chase Bank, Nat'l Ass'n v. Essaghof
...the case is remanded to that court with direction to reconsider in light of this court's decision in Bank of New York Mellon v. Tope , 345 Conn. 662, 286 A.3d 891...