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BANKERS TRUST CO. OF CAL. v. VANECK

No. 26570.

899 A.2d 41 (2006)

96 Conn.App. 390

BANKERS TRUST COMPANY OF CALIFORNIA, N.A. v. Herman VANECK.

Appellate Court of Connecticut.

Decided May 16, 2006.

Attorney(s) appearing for the Case

Patrick W. Boatman, East Hartford, for the appellant (defendant).

Peter A. Ventre, Hartford, for the appellee (plaintiff).

FLYNN, C.J., and SCHALLER and PETERS, Js.

PETERS, J.

General Statutes § 49-17 permits the holder of a negotiable instrument that is secured by a mortgage to foreclose on the mortgage even when the mortgage has not yet been assigned to him. Fleet National Bank v. Nazareth, 75 Conn.App. 791, 795, 818 A.2d 69 (2003). The statute codifies the common law principle of long standing that "the mortgage follows the note...

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