Opinion
(AC 20906)
Argued December 12, 2000
Officially released January 16, 2001
Action to foreclose a mortgage on certain real property, and for other relief, brought to the Superior Court in the judicial district of Middlesex, where the court, Arena, J., rendered judgment of foreclosure by sale; thereafter, the court granted the motions filed by EMC Mortgage Corporation to be substituted as the plaintiff, and to open the judgment and amend the complaint; subsequently, the court granted the motion filed by the named defendant to extend the sale date; thereafter, the court granted the motion filed by MFR of East Hampton, LLC, to be made a party defendant; subsequently, the court granted the substitute plaintiff's motion for summary judgment and rendered judgment for the substitute plaintiff as to liability only; thereafter, the court, Hon. Daniel F. Spallone, judge trial referee, rendered a supplemental judgment of foreclosure by sale, from which the defendant MFR of East Hampton, LLC, appealed to this court. Reversed; further proceedings.
Kerry M. Wisser, with whom was Nathan A. Schatz, for the appellant (defendant MFR of East Hampton, LLC).
Jeffrey T. Beatty, with whom, on the brief, was Richard J. Beatty, for the appellee (substitute plaintiff EMC Mortgage Corporation).
Opinion
The judgment of the trial court in this case must be reversed and the case remanded for the purpose of making factual findings to determine whether the defendant MFR of East Hampton, LLC, has standing to assert its claim to an interest in the property under foreclosure and to otherwise participate in the proceedings. We retain jurisdiction over this appeal for purposes of any further appellate proceedings, without the necessity of filing another appeal.