Although 49-14 is silent as to the deduction of prior encumbrances from the appraised value, it is well settled that the court should deduct from the amount of the appraisal the aggregate of prior claims against the property in order to determine the value of the security and hence the extent to Which the debt or obligation has been satisfied by the application to it of the foreclosed property. Sisson v. Tubbs, 50 Conn. 292, 294; Wilcox v. Bliss, 116 Conn. 329, 334, 164 A. 659; Meriden Savings Bank v. Sujdak, 124 Conn. 604, 608, 1 A.2d 134. In this case the court found that the sewer assessment was made by the sewer authority of the town of Farmington pursuant to chapter 103 of the General Statutes.
In the absence of waiver, the reopening of a judgment after that time was erroneous. Ferguson v. Sabo, 115 Conn. 619, 623, 162 A. 844; Meriden Savings Bank v. Sujdak, 124 Conn. 604, 610, 1 A.2d 134. The defendants contend that, because it does not appear from the report of the hearing on September 19th, contained in the record, that plaintiff's counsel specifically referred to 5084, any objection based upon that statute was waived. That the trial court understood that this claim was in issue appears from the finding that it was one of the claims made by the plaintiff at the hearing.
Once title has passed in a strict foreclosure, as in this case, a final judgment has occurred that cannot be opened. Barclays Bank of New York v. Ivler, 20 Conn. App. 163, 166, 565 A.2d 252, cert. denied, 213 Conn. 809, 568 A.2d 792 (1989); Merry-Go-Round Enterprises, Inc. v. Molnar, 10 Conn. App. 160, 162, 521 A.2d 1065 (1987); see Meriden Savings Bank v. Sujdak, 124 Conn. 604, 610-11, 1 A.2d 134 (1938). Any claims by the defendant that were made or could have been made in the foreclosure proceeding cannot be relitigated in the deficiency hearing.
(Emphasis added.) Both the Supreme Court and this court have ruled that, under this statute, a judgment of foreclosure cannot be opened after title has become absolute in any encumbrancer. Meriden Savings Bank v. Sujdak, 124 Conn. 604, 610-11, 1 A.2d 134 (1938); City Savings Bank of Bridgeport v. Miko, 1 Conn. App. 30, 34 n. 2, 467 A.2d 929 (1983). In this case, absolute title had vested in the plaintiff before the defendants filed their motion to open the judgment of strict foreclosure.
Were this not so, there would be no finality to the finding of value based on the day title vested in the plaintiff. A judgment of foreclosure cannot be opened after the title has become absolute in any encumbrancer. Meriden Savings Bank v. Sujdak, 124 Conn. 604, 611, 1 A.2d 134 (1938). Error in opening after law day may be waived.
Both the Supreme Court and this court have ruled that, under this statute, a judgment of foreclosure cannot be opened after title has become absolute in any encumbrancer. Meriden Savings Bank v. Sujdak, 124 Conn. 604, 610-11, 1 A.2d 134 (1938); City Savings Bank of Bridgeport v. Miko, 1 Conn.App. 30, 34 n.2, 467 A.2d 929 (1983). In this case, absolute title had vested in the plaintiff before the defendants filed their motion to open the judgment of strict foreclosure.
The law in our jurisdiction is clear that a judgment of foreclosure cannot be open after the title has become absolute. Meriden Savings Bank v. Sujdak, 124 Conn. 604, 611 (1938). Error in opening after law day may be waived.
"Both the Supreme Court and [the appellate] court have ruled that, under this statute, a judgment of foreclosure cannot be opened after title has become absolute in any encumbrancer." Merry-Go-Round Enterprises, Inc. v. Molnar, 10 Conn. App. 160, 162, 521 A.2d 1065 (1987), citing Meriden Savings Bank v. Sujdak, 124 Conn. 604, 610-11, 1 A.2d 134 (1938); City Savings Bank of Bridgeport v. Miko, 1 Conn. App. 30, 34 n. 2, 467 A.2d 929 (1983). "Nevertheless, courts will recognize instances where the effect of the judgment may be collaterally attacked. Courts of equity may grant relief from the operation of a judgment when to enforce it would be unconscionable . . . or when a party can establish facts tending to show fraud, accident or mistake in connection with the entry of the original judgment of foreclosure."
(Emphasis added.) "`Both the Supreme Court and [the appellate] have ruled that, under this statute, a judgment of foreclosure cannot be opened after title has become absolute in any encumbrancer. Meriden Savings Bank v. Sujdak, 124 Conn. 604, 610-11, 1 A.2d 134 (1938);City Savings Bank of Bridgeport v. Miko, 1 Conn. App. 30, 34, n. 2, 467 A.2d 929 (1983).'" Werner v. Neal, 14 Conn. L. Rptr. 336 (June 8, 1995, Pellegrino, J.), citing Merry-Go-round Enterprises, Inc. v. Molnar, 10 Conn. App. 160, 162, 521 A.2d 1065 (1987).
General Statutes ยง 49-15. "Both the Supreme Court and [the appellate] court have ruled that, under this statute, a judgment of foreclosure cannot be opened after title has become absolute in any encumbrancer.Meriden Savings Bank v. Sujdak, 124 Conn. 604, 610-11, 1 A.2d 134 (1938); City Savings Bank of Bridgeport v. Miko, 1 Conn. App. 30, 34 n. 2, 467 A.2d 929 (1983)." Merry-Go-Round Enterprises, Inc. v. Molnar, 10 Conn. App. 160, 162, 521 A.2d 1065 (1987).