U.S. Bank, National Assn. v. Rose

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U.S. BANK, NATIONAL ASSOCIATION,
CUSTODIAN v. PAUL ROSE ET AL.
(AC 46007)
Bright, C. J., and Moll and Seeley, Js.

Syllabus

In an action to foreclose a mortgage on certain real property owned by the
named defendant, who died subsequent to the commencement of the
foreclosure action, the estate of the named defendant was cited in as
a party, and service was made on the named defendant’s son, R, in his
capacity as executor of the estate of the named defendant. R then filed
an appearance as executor of the estate of his father in a self-represented
capacity. The plaintiff filed a motion to strike R’s appearance on behalf
of the estate on the ground that an estate may not be represented by
a nonlawyer individual, which the trial court granted. The trial court
denied R’s motions to intervene and to open the judgment. On R’s appeal
to this court, he asserted that, because he was the sole beneficiary of
his father’s estate, he had a substantial interest in the foreclosure matter
and should have been made a party thereto. Held that, pursuant to this
court’s decision in Ellis v. Cohen (118 Conn. App. 211) and for the
reasons stated therein, the appeal was dismissed.
Submitted on briefs October 16—officially released November 21, 2023

Procedural History

Action to foreclose a mortgage, brought to the Supe-
rior Court in the judicial district of New Haven, where
the court, Cirello, J., denied the motions filed by Rah-
man Rose to open the judgment and to intervene and
granted the plaintiff’s motion to strike Rahman Rose’s
appearance, from which Rahman Rose appealed to this
court. Appeal dismissed.
Rahman Rose, self-represented, the appellant, filed
a brief (proposed intervenor).
Opinion

PER CURIAM. Rahman Rose, the proposed interve-
nor in this action to foreclose a mortgage on certain
real property owned by his father, the defendant Paul
Rose,1 who died subsequent to the commencement of
the foreclosure action, filed this appeal in a self-repre-
sented capacity challenging various rulings of the trial
court, including its denial of his motion to open the
foreclosure judgment to extend the sale date, its grant-
ing of the motion of the plaintiff, U.S. Bank, National
Association, as custodian for Tower DBW IV Trust 2014-
1, to strike an appearance that Rahman Rose filed to
appear on behalf of the estate of Paul Rose, and its
denial of his motion to intervene. On appeal, he asserts
that, because he is the sole beneficiary of his father’s
estate, he has a substantial interest in the foreclosure
matter and should have been made a party thereto. We
dismiss the appeal.
We briefly set forth the following relevant procedural
history. After the commencement of the foreclosure
action, the trial court rendered a judgment of foreclo-
sure by sale, which was opened several times to extend
the sale date. Thereafter, Paul Rose died, and his coun-
sel withdrew her appearance in this matter. The trial
court subsequently granted the plaintiff’s motion to cite
in as a party the estate of Paul Rose, and service was
made on Rahman Rose, in his capacity as executor of
the estate of Paul Rose. Rahman Rose, a nonlawyer,
then filed an appearance on behalf of the estate, and
the plaintiff filed a motion to strike that appearance on
the ground that an estate may not be represented by a
nonlawyer individual in a self-represented capacity. The
trial court granted the plaintiff’s motion to strike the
appearance and denied Rahman Rose’s motions to open
the judgment and to intervene, and this appeal followed.
We conclude that this appeal is governed by this court’s
prior decision in Ellis v. Cohen, 118 Conn. App. 211,
982 A.2d 1130 (2009), and, for the reasons stated therein,
this appeal must be dismissed.
The appeal is dismissed.
1
This foreclosure action was brought against a number of other defendants
who are not relevant to or involved in this appeal.