Deutsche Bank National Trust Co. v. Angle, 284 Conn. 322

Summary

The Supreme Court of Connecticut affirmed a foreclosure judgment because the defendant failed to provide an adequate record for review of his claims concerning the Homeowner Protection Act and a related banking regulation. The trial court had denied the defendant’s application to restructure the mortgage debt without stating its reasons, and the defendant did not obtain an articulation clarifying the basis for that ruling.

Holdings

1. The court declined to review the defendant's claims because the appellate record was inadequate: the trial court gave no reason for denying the application, so the Supreme Court could not determine whether the challenged regulation was relied upon or whether the denial rested on another ground.
2. A foreclosure court's determination of what equity requires is reviewed for abuse of discretion, with every reasonable presumption made in favor of the correctness of the trial court's action.

Questions Presented

1. Whether the trial court improperly relied on § 49-31j-4 of the Regulations of Connecticut State Agencies in denying Angle's application for protection from foreclosure.
2. Whether § 49-31j-4 exceeded the banking commissioner's statutory authority under General Statutes § 49-31j.
3. Whether § 49-31j-4 violated the separation of powers doctrine by limiting the trial court's discretion over foreclosure proceedings.

Disposition

affirmed