Wells Fargo Bank N.A. v. Michael Toth et al. (2011)

MEMORANDUM OF DECISION RE SUMMARY JUDGMENT

The above named plaintiff has moved for Summary Judgment in Foreclosure as to liability only concerning a certain promissory note and mortgage on property in Winchester, Connecticut.   The matter was argued on the short calendar of July 11, 2011.

The defendants have raised several special defenses, but in effect are arguing that there are issues of material fact as to when and who is really in possession of the subject promissory note for $111,000.   The plaintiff has provided various attachments to its summary judgment motion.   Exhibit A attached to the plaintiff's motion is a standard form promissory note signed and initialed by the plaintiff Michael Toth in the amount of $111,000 for property at 225 Torringford Street in Winsted, Connecticut.   The plaintiff's affidavit offers probative evidence, without meaningful rebuttal as to the status of the said note.  Wadia Enterprises, Inc. v. Hershfield, 27 Conn.App. 162, 168 (1992).   The Court finds that for purposes of the summary judgment motion the said note and attached mortgage and supporting documentation satisfy the evidentiary standards required for summary judgment relating to liability in such a foreclosure action.   Those standards for summary judgment under the Practice Book Section 17–49 et seq. are met when there is no material fact that is at issue concerning liability against the defendant.   The Court finds that standard has been met.   Therefore the plaintiff's Motion for Summary Judgment is hereby granted.

As a collateral issue, the defendant argues that this file is still in court mediation.   This Court finds that the file is no longer in mediation based on the Court sustaining the objection of the plaintiff to further mediation.   (Order # 114.01.)

BY ORDER OF THE COURT,

Roche, J.

Roche, Vincent E., J.