Background
Deutsche Bank brought this residential foreclosure action in 2016 against Gary L. Powell concerning property in Wallingford. The trial court granted summary judgment on liability and entered a judgment of foreclosure by sale in 2018. Over several years, the court repeatedly opened the judgment and reset the sale date.
After the trial court reset the sale for April 12, 2025, Powell appealed. The Appellate Court dismissed that appeal as frivolous on March 19, 2025, but Powell timely petitioned the Connecticut Supreme Court for certification to appeal. While that petition remained pending, the committee conducted the April 12 sale. The Supreme Court denied certification on April 30, and the trial court later approved the committee sale and deed.
The Court’s Holding
The Appellate Court reversed. Powell’s appeal automatically stayed proceedings to enforce the foreclosure judgment under Practice Book § 61-11(a). His timely certification petition continued that stay under § 84-3(a) until the Supreme Court acted on it.
Because the Supreme Court had not acted when the committee conducted the sale, the sale occurred during the mandatory stay and was void ab initio. The court rejected the bank’s harmless-error argument, holding that the mandatory stay barred the sale regardless of whether the sale was otherwise fair or the price adequate.
Key Takeaways
- A timely certification petition continues an existing appellate stay until the Connecticut Supreme Court acts on the petition.
- A foreclosure sale conducted during that stay is void from the outset.
- A trial court may not approve a committee sale that occurred in violation of the mandatory stay.
Why It Matters
The decision confirms that foreclosure-sale procedures cannot proceed while an automatic appellate stay remains in force, including during a timely certification petition. Courts and foreclosure committees must verify that all applicable appellate stays have ended before conducting a sale.