Bank of America, N.A. v. Street

Summary

The Connecticut Appellate Court affirmed a judgment of strict foreclosure in favor of U.S. Bank Trust National Association, Trustee for RCF 2 Acquisition Trust. The court held that any standing defect existing when Bank of America commenced the action was cured when the real party in interest was substituted under Practice Book § 9-20. The court also upheld the denial of the defendants’ request for additional discovery before summary judgment, concluding that the defendants had received the discovery necessary to address standing.

Holdings

1. Even assuming the original plaintiff lacked standing when it commenced the foreclosure action, the trial court's grant of the original plaintiff's motion to substitute the real party in interest under Practice Book § 9-20 cured the defect retroactively.
2. The trial court did not abuse its discretion by denying or declining to delay ruling on the defendants' requests for additional discovery because the defendants had received the discovery necessary to resolve the standing issue and did not identify specific facts within the plaintiff's exclusive knowledge that further discovery would uncover.

Questions Presented

1. Whether the original plaintiff lacked standing to commence the foreclosure action because it was not the holder or owner of the note when the action began.
2. Whether substitution of the real party in interest under Practice Book § 9-20 cured any standing defect that existed when the foreclosure action was commenced.
3. Whether the trial court abused its discretion by ruling on the second substitute plaintiff's summary judgment motion without permitting the defendants to obtain additional discovery.
4. Whether the trial court improperly applied JPMorgan Chase Bank, National Assn. v. Lakner.

Disposition

affirmed