Legal Question in Real Estate Law in Connecticut
In Connecticut Civil Court
A defendant in a Foreclosure case filed a Motion to Open Judgment.
At the hearing to Open the Judgment the PLAINTIFF voluntarily asked the Court to Vacate their own Judgment but to have the defaults remain.
The Court granted the Defendants Motion to Open Judgment and granted the Plaintiff’s request to vacate the judgment.
After the judgment was vacated, the Plaintiff never filed any motion to re-open the case, totally ignoring the 4-month rule to reopen or if it was even necessary with a vacated judgment.
Three years later, the Plaintiff filed a Motion for Strict Foreclosure in the same case, same docket number. They attempted to pick up the case with no judgment in place.
Was this case dismissed or procedurally concluded at the granting of the vacated judgment 3-years prior?
Is it possible that the case could be continued 3-years later?
1 Answer from Attorneys
If there is no judgment, the case is not concluded. Eventually if nothing happens in the case it goes to the dormancy docket and gets dismissed. I would need to know more to see what happened here. Please feel free to contact us for further assistance.
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Real estate termination clause --impertuity Asked 6/07/19, 10:21 am in United States Connecticut Real Estate and Real Property
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