INVESTORS MORTGAGE CO. v. RODIA

(11629)

31 Conn. App. 476 (1993)

THE INVESTORS MORTGAGE COMPANY, TRUSTEE v. FAY LOUISE RODIA ET AL.

Appellate Court of Connecticut.

Decision released June 1, 1993.


Attorney(s) appearing for the Case

Richard S. Scalo, with whom were Abraham I. Gordon and Ronald D. Japha, for the appellants (plaintiff Moneyhelpers, Inc.).

Jonathan S. Bowman, with whom were Thomas S. Hyman and, on the brief, Neil R. Marcus, for the appellees (defendants).

O'CONNELL, FOTI and LAVERY, JS.


LAVERY, J.

The sole issue in this case is whether the beneficiary of a trust, who, without objection, is substituted for the trustee as the plaintiff in a foreclosure action after title has vested in the trustee, has standing to file a motion for a deficiency judgment. The substitute plaintiff, the beneficial owner of the mortgage, claims that the defendants' motion to dismiss was improperly granted because the substitute plaintiff had standing to file the motion...

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