RMS Residential Properties, LLC v. Miller, 303 Conn. 224

Summary

The Connecticut Supreme Court held that a holder of a promissory note may have standing under General Statutes § 49-17 to foreclose a mortgage, because possession of the note creates a rebuttable presumption that the holder owns the underlying debt. The court also held that the mortgage was not void ab initio merely because Mortgage Electronic Registration Systems, Inc. was named as nominee mortgagee, and that the supporting affidavit was admissible. The court affirmed the judgment of foreclosure by sale.

Holdings

1. A holder of a promissory note is presumed to be the owner of the underlying debt and, unless the defendant rebuts that presumption, may foreclose the mortgage under General Statutes § 49-17.
2. RMS was entitled to summary judgment because its affidavit established that it held the note when the action commenced, and Miller offered no evidentiary foundation showing a genuine issue of material fact.
3. An affidavit is not inadmissible merely because the affiant obtained personal knowledge of the relevant facts by reviewing business records.
4. A mortgage is not void ab initio merely because the disclosed lender names its nominee as mortgagee.

Questions Presented

1. Whether General Statutes § 49-17 confers standing to foreclose a mortgage on a holder of the promissory note who is not alleged to be the owner of the underlying debt.
2. Whether the evidence established that RMS was the holder of the note when it commenced the foreclosure action and supported summary judgment.
3. Whether an affidavit based on the affiant's review of business records was admissible under Practice Book § 17-46 and General Statutes § 52-180.
4. Whether a mortgage is void ab initio because the mortgagee is a nominee of the disclosed lender rather than the original lender or owner of the underlying debt.

Disposition

affirmed