Cliff's Auto Body, Inc. v. Carl M. Grenier (2015)

MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGMENT

The self-represented defendant, Carl Grenier, seeks summary judgment because he claims the plaintiff, Cliff's Auto Body, Inc., has not complied with certain statutes related to the pursuing of claims against a decedent's estate.   The defendant asserts that the decedent, Frances Grenier, passed away on September 9, 2009 and that this current action to foreclose a judgment lien is barred.

The plaintiff, Cliff's Auto Body, Inc., opposes this motion for summary judgment on procedural and substantive grounds.   The plaintiff asserts that they filed an action against the decedent, Frances Grenier, in August of 2006 within the superior court of the Judicial District of Windham at Putnam.   The court's website indicates that on December 30, 2008 a judgment was rendered in favor of the plaintiff against Frances Grenier.   During the course of this action, Ms. Grenier was represented by counsel who has also recently appeared in the present case.   When the judgment rendered in 2008 remained unpaid, a judgment lien was filed on the real property that is the subject matter of this current foreclosure action.

In this case the plaintiff secured a valid judgment against the decedent prior to her death.   The defendant in this action, Carl M. Grenier, obtained his title to the subject property by a certificate of dissent which was specifically subject to the lien rights established in this judgment lien.   The court finds that the defendant is not entitled to summary judgment as a matter of law.   The motion is denied.

Cosgrove, J.

Cosgrove, Emmet L., J.