Jenzack Partners, LLC v. Stoneridge Associates, LLC

192 A.3d 455, 183 Conn. App. 128
CourtConnecticut Appellate Court
DecidedJuly 3, 2018
DocketAC39880
StatusPublished
Cited by7 cases

This text of 192 A.3d 455 (Jenzack Partners, LLC v. Stoneridge Associates, LLC) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jenzack Partners, LLC v. Stoneridge Associates, LLC, 192 A.3d 455, 183 Conn. App. 128 (Colo. Ct. App. 2018).

Opinion

EVELEIGH, J.

*131 The defendant Jennifer Tine 1 appeals from the judgment of strict foreclosure *459 rendered by the trial court in favor of the plaintiff, Jenzack Partners, LLC. On appeal, the defendant claims that the trial court improperly: (1) held that Sovereign Bank had assigned the defendant's guarantee to the plaintiff and the plaintiff had standing to foreclose on the mortgage; (2) determined that the plaintiff had established the amount of debt due on the subject note; and (3) granted attorney's fees and costs to the plaintiff. We agree with the defendant's second claim and, accordingly, we reverse the judgment of the trial court only as to Jennifer Tine.

The following facts and procedural history are relevant to our resolution of the issues on appeal. On July 13, 2006, the named defendant, Stoneridge Associates, LLC (Stoneridge), obtained a construction loan in the amount of $1,650,000 from a nonparty, Sovereign Bank (Sovereign). At that time, Stoneridge executed a promissory note (Stoneridge note) evidencing its promise to repay the loan. The note was secured by various personal guarantees; Premier, Gattinella, Snow and Joseph Tine each executed guarantees in favor of Sovereign guaranteeing repayment of the sums due under the note. See footnote 1 of this opinion. On December 23, 2008, the Stoneridge note was modified via a modification *132 agreement. On the same date, the defendant executed a limited guarantee in favor of Sovereign guaranteeing repayment of the sum due under the Stoneridge note as modified. In order to secure their respective guarantees, the defendant and Joseph Tine executed a mortgage (Tine mortgage) in favor of Sovereign on their residential property located at 8 Black Birch Drive in Cromwell. 2 The defendant's nonrecourse guarantee limited her liability solely to her interest in the Cromwell property. On August 27, 2009, and May 6, 2010, the defendant executed reaffirmations of her guarantee in connection with subsequent modifications of the Stoneridge note.

On March 22, 2012, Sovereign assigned its mortgage and interests in the Stoneridge note to the plaintiff. 3 In August, 2012, the plaintiff commenced this action, seeking, inter alia, to foreclose on the Tine mortgage. In the operative revised complaint dated April 2, 2013, the plaintiff alleged that, because Stoneridge had defaulted on the underlying Stoneridge note, the plaintiff was entitled to declare the entire balance of the note due and payable. The plaintiff alleged that Sovereign had assigned all of its interests in the Stoneridge note, including continuing guarantees executed by Premier, Gattinella, Snow and Joseph Tine, the limited guarantee executed by the defendant, and the Tine mortgage. 4 Because the plaintiff was the current *460 holder of the Stoneridge note, the plaintiff claimed it was entitled *133 collect on all underlying guarantees and foreclose on the mortgage.

On April 26, 2013, the defendant filed an answer that denied the substance of the complaint and asserted as special defenses lack of consideration, unclean hands, and equitable estoppel. A bench trial was held on August 16, 2016. At trial, the plaintiff claimed that the assignment of the Stoneridge note necessarily carried with it an assignment of all underlying guarantees, including the defendant's limited guarantee secured by the Tine mortgage. The plaintiff also introduced into evidence exhibit 22, a computation of the current amount due on the note. In response, the defendant claimed that the court lacked subject matter jurisdiction to render a judgment of foreclosure against her because her guarantee was not specifically assigned to the plaintiff in the allonge. The defendant also claimed that the plaintiff failed to establish the amount of debt due on the note because evidence of the computation of debt, which included a starting balance provided to the plaintiff by Sovereign, was inadmissible hearsay. Following the trial, both parties filed posttrial briefs. On December 1, 2016, the trial court issued a memorandum of decision entering an order of strict foreclosure on the Tine mortgage. The court held that the plaintiff had standing to foreclose the mortgage that secured the defendant's guarantee and that the plaintiff had established the amount of debt due on the note through the testimony of William Buland, the plaintiff's authorized representative, and the computation of debt in exhibit 22. This appeal followed. Additional facts will be set forth as necessary.

On appeal, the defendant argues that the trial court improperly (1) held that the plaintiff had standing to foreclose on the Tine mortgage; (2) determined that the plaintiff's exhibit 22 was sufficient to establish the amount due on the subject note; and (3) awarded the *134 plaintiff attorney's fees and expenses. Although we agree with the defendant's second claim and, accordingly, reverse the trial court's judgment and remand the case for a new trial, we address both the defendant's first claim, which pertains to subject matter jurisdiction, and her third claim as an issue likely to arise on remand.

I

The defendant's first claim is that the court improperly found that the plaintiff had standing to bring an action to foreclose on the Tine mortgage. She argues that the plaintiff lacked standing because her limited guarantee was not specifically assigned from Sovereign to the plaintiff in the allonge. In response, the plaintiff argues that the court properly found that it had standing to foreclose the Tine mortgage because the assignment of the Stoneridge note operated as an assignment of the underlying guarantees securing it. We agree that the plaintiff has standing.

We set forth our standard of review and applicable legal principles. "The issue of standing implicates the trial court's subject matter jurisdiction and therefore presents a threshold issue for our determination." (Internal quotation marks omitted.) D'Amato Investments, LLC v. Sutton , 117 Conn. App. 418 , 421, 978 A.2d 1135 (2009). "Standing is the legal right to set judicial machinery in motion. One cannot rightfully invoke the jurisdiction of the court unless he [or she] has, in an individual or representative capacity, some real interest in the cause of action, or a legal or equitable right, title or interest in the subject matter of the controversy .... When standing is put in issue, the question is whether the person whose *461

Free access — add to your briefcase to read the full text and ask questions with AI

Related

U.S. Bank, National Assn. v. Moncho
203 Conn. App. 28 (Connecticut Appellate Court, 2021)
HSBC Bank USA, N.A. v. Gilbert
Connecticut Appellate Court, 2020
World Business Lenders, LLC v. 526-528 North Main Street, LLC
197 Conn. App. 269 (Connecticut Appellate Court, 2020)
U.S. Bank, National Assn. v. Madison
196 Conn. App. 267 (Connecticut Appellate Court, 2020)
Jenzack Partners, LLC v. Stoneridge Associates, LLC
334 Conn. 374 (Supreme Court of Connecticut, 2020)
Ion Bank v. J.C.C. Custom Homes, LLC
206 A.3d 208 (Connecticut Appellate Court, 2019)
Jenzack Partners, LLC v. Stoneridge Assocs., LLC
193 A.3d 1213 (Supreme Court of Connecticut, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
192 A.3d 455, 183 Conn. App. 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenzack-partners-llc-v-stoneridge-associates-llc-connappct-2018.