Not Just Semantics: In Explaining Statute, Court Distinguishes Liens and Mortgages
"Although these terms are frequently conflated, the distinction between a mortgage and a judgment lien is more than semantic," the Connecticut Supreme Court stated in 'Stein v. Hillebrand.'
June 16, 2023 at 02:13 PM
4 minute read
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A trial court dismissed the defendant's counterclaim in a foreclosure law action, but the Connecticut Appellate Court reversed the ruling, and differed with the trial court's interpretation of a statute involving liens.
The plaintiff, Fiorita Kornhaas & Co., filed the lawsuit against the defendant, Joseph Vilela, in March 2020. The plaintiff is a corporation in Danbury, and the defendant is the owner of commercial property in Newington.
In 2008, Roberta Aronheim owed the plaintiff $62,375, according to a note payable to the plaintiff. Aronheim executed a mortgage in favor of the plaintiff, and the final maturity date of the note was Dec. 22, 2011, the opinion said.
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