Wells Fargo Bank, National Assn. v. Burns

── Wells Fargo Bank, National Assn. v. Burns ── Court: Connecticut Appellate Court Date: June 02, 2026 Author: Cradle Category: General ************************************************ The “officially released” date that appears near the beginning of an opinion is the date the opinion will be published in the Connecticut Law Journal or the date it is released as a slip opinion. The operative date for the beginning of all time periods for the filing of postopinion motions and petitions for certification is the “officially released” date appearing in the opinion. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports. In the event of discrepancies between the advance release version of an opinion and the version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest version is to be considered authoritative. The syllabus and procedural history accompanying an opinion that appear in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced or distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ************************************************  Wells Fargo Bank, National Assn. v. Burns WELLS FARGO BANK, NATIONAL ASSOCIATION, TRUSTEE v. BARRY J. BURNS ET AL. (AC 48633) Cradle, C. J., and Moll and Westbrook, Js. Syllabus The defendant property owners appealed from the trial court’s judgment of strict foreclosure rendered for the plaintiff. They claimed that the court improperly determined that the plaintiff provided them with an Emergency Mortgage Assistance Program (EMAP) notice required pursuant to statutes (§§ 8-265dd and 8-265ee). Held: The defendants’ claim that the plaintiff failed to provide them with an EMAP notice was unavailing for the same reasons discussed in U.S. Bank National Assn. v. Jackson (239 Conn. App. 418), namely, that the notice provisions of § 8-265ee (a) do not require actual delivery of an EMAP notice. Argued February 2—officially released June 2, 2026 Procedural History Action to foreclose a mortgage on certain real property owned by the named defendant et al., and for other relief, brought to the Superior Court in the judicial district of Fairfield, where the defendant First Tennessee Bank National Association et al. were defaulted for failure to appear and the defendant The Ridge Homeowner’s Association, Inc., was defaulted for failure to plead; thereafter, the court, Cirello, J., granted in part the plaintiff’s motion for summary judgment as to liabil- ity only; subsequently, the court, Regan, J., rendered judgment of strict foreclosure, from which the named defendant et al. appealed to this court. Affirmed. Christopher G. Brown, for the appellants (named defen- dant et al.). Benjamin T. Staskiewicz, for the appellee (plaintiff). MOLL, J. The defendants Barry J. Burns and Christine S. Burns1 appeal from the judgment of strict foreclosure 1 The complaint also named First Tennessee Bank National Association, The Ridge Homeowner’s Association, Inc., and the Department of Rev- enue Services as defendants, but those parties were defaulted either for  Wells Fargo Bank, National Assn. v. Burns rendered by the trial court in favor of the plaintiff, Wells Fargo Bank, National Association, as Trustee for Option One Mortgage Loan Trust 2007-3, Asset-Backed Certifi- cates, Series 2007-3. On appeal, the defendants claim that the court improperly determined that the plaintiff provided them with an EMAP2 notice. For the reasons stated in the companion case also released today; see U.S. Bank National A