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NEW ENGLAND SAVINGS BANK v. LOPEZ

(14558)

227 Conn. 270 (1993)

NEW ENGLAND SAVINGS BANK v. MARK LOPEZ ET AL.

Supreme Court of Connecticut.

Decision released August 24, 1993.

Attorney(s) appearing for the Case

Raymond L. Baribeault, Jr., with whom was Andrew J. Brand, for the appellants (named defendant et al.).

Jeffrey R. Godley, with whom were Doreen A. West and, on the brief, Jackson T. King, Jr., for the appellee (plaintiff).

PETERS, C.J., CALLAHAN, BORDEN, BERDON, NORCOTT, KATZ and F. X. HENNESSY, JS.

BORDEN, J.

The principal issue of this appeal is whether General Statutes § 49-28,2 which establishes the procedures governing deficiency judgments following foreclosures by sale, is unconstitutional under the due process clause of the United States constitution because it does not provide an evidentiary hearing to determine the fair market value of the foreclosed property for purposes of calculating the amount of the deficiency....

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