Homebridge Financial Services, Inc. v. Thomas M. Jakubiec aka Thomas Jakubiec (2016)

MEMORANDUM OF DECISION RE MOTION TO DISMISS (# 133)

The defendant, Robyn Jakubiec, widow of and the executor of the estate of the defendant, Thomas M. Jakubiec, moves to dismiss this foreclosure action as to the widow, heirs, beneficiaries, representatives or creditors of Thomas M. Jakubiec on the grounds of insufficiency of service.  The plaintiff, Homebridge Financial Services, Inc., has filed an objection to the motion.

This case was commenced by the plaintiff, by a writ, summons and complaint dated April 10, 2015.  As a part of the process served, a lis pendes was recorded in the land records of the Town of Colchester.  By statute, the effect of the lis pendens is that “each person whose ․ interest is thereafter obtained by descent or otherwise shall be deemed a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the recording of such notice, to the same extent as if he were made party to the action.”  See § 52–325.  This statutory language is important to the resolution of this motion in that the service commencing this litigation was accomplished on April 16, 2015.  It is the date of recording rather than the return date for a civil action that controls.  Two days after service of process, the named defendant, Thomas M. Jakubiec, passed away.

The initial complaint in this action identifies only Thomas M. Jakubiec as a defendant in the action.  It recites the execution of a note and loan in 2010, and asserts a default on and after July 1, 2013.  The writ does name any other defendants or identify any encumbrancers prior in right or subsequent in right to the defendant, Thomas M. Jakubiec.

Upon discovery of the untimely death of Mr. Jakubiec, the plaintiff sought permission cite in as parties to this action, the widow, heirs or creditors of the decedent's estate as well as the State of Connecticut which might assert a lien on the property.  The motion was granted.  The motion to cite provided additional notice of the action that the new parties, the widow, heirs or estate as well as the State of Connecticut were deemed to have pursuant to operation of the lis pendens statute.

An additional issue raised by the filings in this case is that Robyn Jakubiec cannot represent the interest of the Estate of Thomas Jakubiec in this action.  General Statutes § 51–88a prohibits a person who has not been admitted as an attorney in the State of Connecticut from appearing or representing anyone other themselves in litigation before the Superior Court.  In the case of Ellis v. Cohen, 111 Conn.App. 211, 215 (2009), the court ruled that the authorization to appear pro se is limited to representing one's own cause and does not permit an individual to appear pro se in a representative capacity.  Mrs. Jakubiec cannot enter an appearance in her capacity as the Executor of the Estate of Thomas Jakubiec.  Robyn Jakubiec also filed an appearance as widow of Thomas M. Jakubiec.  She is capable of entering her appearance in this individual capacity.

The court notes that Ms. Jakubiec may be eligible for services from the Court's foreclosure mediation program or she might benefit from accessing the Volunteer Attorney Foreclosure Program held at this courthouse on Wednesdays at 2:00 p.m.

The court finds that proper service has been obtained.  The motion to dismiss is denied.

Cosgrove, J.

Cosgrove, Emmet L., J.