Santander Bank, N.A. v. Harrison

Filing 204

ORDER. On appeal, the second circuit concluded that it had "jurisdiction to review the district court's grant of summary judgment, its entry of the judgment of strict foreclosure, and its denial of Harrison's August 2019 motion to vac ate the judgment." Santander Bank, N.A. v. Harrison, No. 20-404, 2021 WL 2201120, summary order (2d Cir. July 30, 2021). Upon its review of those decisions, the court found "no error." Id. at *2. The second circuit held that Santan der presented sufficient evidence to satisfy the summary judgment standard with respect to its possession of the original note and mortgage, Harrison's default in payment under the terms of the note and mortgage and Santander's provision of the requisite notices to Harrison. Id. at *3. It therefore concluded that Santander had standing to foreclose and properly withdrew the prior state court action. Id. The court also held that this court did not err in denying Harrison's late discovery requests and affirmed this court's denial of Harrison's motion to vacate the judgment. Id. The second circuit also "considered all of Harrison's remaining arguments and [found] them to be without merit." Id. The court remanded the case to this court only on the limited issue of attorney's fees, with instructions to vacate the judgment on that issue. Id. Therefore, the court hereby vacates the judgment with respect to attorney's fees and renders the attached amended judgment in favor of the plaintiff, Santander, in accordance with the court of appeals July 30, 2021 decision. Signed by Judge Alfred V. Covello on 09/08/21. (Covello, Alfred)

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Case 3:15-cv-01730-AVC Document 204 Filed 09/08/21 Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SANTANDER BANK, N.A., plaintiff, v. ANGELA HARRISON, defendant. : : : : Civil No. 3:15cv1730(AVC) : : : AMENDED JUDGMENT OF STRICT FORECLOSURE Based on the Court of Appeals for the Second Circuit’s mandate dated July 30, 2021, Santander Bank, N.A. v. Harrison, No. 20-404, 2021 WL 2201120, summary order (2d Cir. July 30, 2021), the court enters the following amended judgment in this case: Property Foreclosed Address: 7 Sable Street, Norwalk, CT 06854 Judgment of Strict Foreclosure is hereby entered as follows: Debt (as of December 19, 2017): $ 338,633.98 Appraisal Fee: $ 665.00 Title Search Fee: $ 225.00 TOTAL*: $ 339,523.98 Fair Market Value: $ 220,000.00 *Plus Per Diem Interest accruing at 4.5% after December 19, 2017, at $24.49 per day. The defendant, Angela Harrison, had until the passing of her law day to redeem the premises. Law days are set for subsequent encumbrances, if any, in the inverse order of their Case 3:15-cv-01730-AVC Document 204 Filed 09/08/21 Page 2 of 3 priorities thereafter. Pursuant to the hearing in this case, the court set the following law days: 1. February 5, 2018, for the owner of the equity of redemption, the defendant, Angela Harrison; 2. With title vesting in the plaintiff on February 6, 2018 in the event there are no subsequent encumbrancers. ORDER FOR POSSESSION: That the defendant, Angela Harrison, and all persons claiming possession of the premises through the defendant under any conveyance or instrument executed or recorded subsequent to the date of the lis pendens or whose interest shall have been thereafter obtained by descent or otherwise, deliver up possession of the premises to the plaintiff, or to any defendant redeeming in accordance with this decree, with stay of execution of ejectment in favor of the redeeming defendant until one day after the time herein limited to redeem, and if all parties fail to redeem, then until the day following the last assigned law day. The court further concludes that the claims for strict foreclosure and attorney’s fees have been “finally decided” pursuant to 28 U.S.C. §1291 and “there is no just reason for delay” pursuant to Federal Rule of Civil Procedure 54(b). 2 Case 3:15-cv-01730-AVC Document 204 Filed 09/08/21 Page 3 of 3 Therefore, this represents final judgment on those claims, after remand. It is so ordered this 8th day of September 2021, at Hartford, Connecticut. /s/ Alfred V. Covello United States District Judge 3

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