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October 19, 2017
Appellate Court Delivers Important Win to Foreclosing Lenders

In a significant victory for financial institutions and foreclosing entities in general, the Connecticut Appellate Court recently upheld a trial court ruling ordering the payment of property tax and insurance payments from the borrowers during the pendency of the appeal of a foreclosure action. In JPMorgan Chase Bank v. Roger Essaghof, et al., AC38736 (Conn. App. 2017), the Appellate Court, in reviewing the proceedings of a multi-day bench trial in the Stamford Superior Court, found that not only had the trial court not erred in its decision in favor of the Bank as to foreclosure and the borrower’s special defenses, but further that it “could not conceive of any abuse of discretion on the part of the trial court…” further finding that the court “…understandably was concerned that, absent an order requiring the defendants to pay for their own property taxes and homeowner’s insurance, they would experience a windfall because they would be allowed to live on their property for free at the plaintiff’s expense until the conclusion of the foreclosure proceedings.” Attorney Brian D. Rich argued the appeal. He is a member of the Banking, Foreclosure and Lender Liability Practice Group.

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Brian D. Rich
Appellate Attorneys
Banking, Lender Liability & Foreclosure