City of Norwich v. Sheri Speer (2014)

MEMORANDUM OF DECISION RE PB § 64–1 NOTICE FILED NOVEMBER 7, 2013

On December 3, 2013, the Appellate Court referred to this court, a notice filed by the Appellant Sheri Speer, asserting that the trial court (Cosgrove, J.) had not filed a memorandum with regard to its decision granting the plaintiff's motion to correct (# 194.50).

The plaintiff's motion to correct requested that the plaintiff be allowed to substitute a corrected property description of the property that was the subject of this foreclosure action for municipal tax liens.   The plaintiff's complaint contained a description of a different property.   By its motion the plaintiff sought to file with the court the “correct” description of 207 Mohegan Park Road, Norwich, CT. and attach the correct description to the complaint on file.

After reviewing the file, and the court notes that in the appraisal submitted in conjunction with the motion for judgment in this case the property was described by the proper street address, 207 Mohegan Park Road. When the matter went to judgment, the correct description was on file with the court and was used by the committee of sale.   The interests of equity and justice make it appropriate to grant the motion to correct the scrivener's error nunc pro tunc.   The court finds credible that the plaintiff in commencing one of many foreclosure actions against the defendant who owns multiple properties in Norwich made an inadvertant mistake in attaching the wrong schedule A to this foreclosure action.   There has been no credible claim of prejudice asserted by the defendant with regard to the description of the property that was the subject of the foreclosure action.

The court declines to respond to the Appellant's request whether or not the plaintiff's complaint demanded foreclosure of the sewer easement located on the property or the entire property itself.   The court is of the opinion that the complaint and the judgment of foreclosure speak for themselves.

Cosgrove, J.

Cosgrove, Emmet L., J.