Sargent v. Smith

2 Citing cases

  1. Ocwen Federal Bank v. Charles

    95 Conn. App. 315 (Conn. App. Ct. 2006)   Cited 67 times
    Noting that passing of law day extinguishes right of equitable redemption and vests title absolutely in mortgagee

    " (Citations omitted.) Sargent v. Smith, 78 Conn. App. 691, 695-96, 828 A.2d 620 (2003), rev'd on other grounds, 272 Conn. 722, 865 A.2d 1129 (2005); see also Ferrigno v. Cromwell Development Associates, 244 Conn. 189, 201 n.10, 708 A.2d 1371 (1998). "The equity of redemption gives the mortgagor the right to redeem the legal title previously conveyed by performing whatever conditions are specified in the mortgage, the most important of which is usually the payment of money.

  2. Seals v. Havey

    No. FSTCV146022271S (Conn. Super. Ct. Feb. 2, 2016)

    " Connecticut follows the 'title theory' of mortgages, which provides that on the execution of a mortgage on real property, the mortgagee holds legal title and the mortgagor holds equitable title to the property." Sargent v. Smith, 78 Conn.App. 691, 695, 828 A.2d 620 (2003), rev'd on other grounds, 272 Conn. 722, 865 A.2d 1129 (2005). " In a title theory state such as Connecticut, a mortgage is a vested fee simple interest subject to complete defeasance by the timely payment of the mortgage debt."