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March 24, 2014
CT Appellate Court Overturns Dismissal in Foreclosure Case and Bolsters Law Relating to Requirements of Legal Standing

In Deustche Bank National Trust Company, Trustee, v. Elizabeth Torres, the Connecticut Appellate Court dealt another blow to the attempts of borrowers to tighten the requirements of legal standing for a foreclosure action. In a decision officially released on March 25, 2014, the Appellate Court made clear that that a lender’s mere allegation of holder status, together with production of the original note, was sufficient to constitute legal standing in the absence of any evidence presented to the contrary and in accord with the well-established line of Connecticut caselaw culminating in RMS Residential Properties, LLC v. Anna Miller, 303 Conn. 224 (2011). While the decision does not appear to fundamentally alter the status of Connecticut law, its release more than two years after RMS seems to be another sign of the strength and clarity of Connecticut’s treatment of these issues.