People's Bank v. Bartlett

Full title: PEOPLE'S BANK v. JOHN R. BARTLETT, JR., ET AL

Court: Appellate Court of Connecticut

Date published: Nov 2, 1993

633 A.2d 739 (Conn. App. Ct. 1993)

33 Conn. App. 901

Opinion

(12173)

Argued October 5, 1993

Decision released November 2, 1993

Action to foreclose a mortgage on certain real property, brought to the Superior Court in the judicial district of Danbury, where the court, Moraghan, J., granted the plaintiff's motion for judgment of strict foreclosure and rendered judgment thereon; thereafter, the court, McGrath, J., granted the named defendant's motion to open the judgment and rendered judgment of foreclosure by sale; subsequently, the court, West, J., reopened the judgment and extended the date of sale, and the named defendant appealed to this court. Affirmed.

Jack Stock, for the appellant (named defendant).

Robert F. Frankel, for the appellee (plaintiff).

David Eric Ross, for the defendant Westport Bank and Trust Company.

PER CURIAM.

In this mortgage foreclosure action, the owner of the equity of redemption appeals from the trial court's denial of his request that the court order a strict foreclosure or, in the alternative, order a new sale date of July 1, 1993. Whether to order foreclosure by sale, and the date of the sale, rest in the discretion of the trial court. Farmers Mechanics Savings Bank v. Sullivan, 216 Conn. 341, 355, 579 A.2d 1054 (1990). The trial court did not abuse its discretion in this case.