May 28, 2019
[Copyrighted Material Omitted]
Superior Court, Judicial District of Windham, Boland, J.
dismissed in part, and judgment affirmed in part.
Sekretaev, self-represented, the appellant (defendant).
S. Synodi, for the appellee (plaintiff).
Prescott and Eveleigh, Js.
Conn.App. 407] The present appeal has its genesis in a
foreclosure action commenced by the plaintiff, Seminole
Realty, LLC, in 2010. This court affirmed the 2014 judgment
of strict foreclosure rendered against the self-represented
defendant, Sergey Sekretaev, in Seminole Realty,
LLC v. Sekretaev, 162 Conn.App. 167, 169, 131 A.3d 753
(2015), cert. denied, 320 Conn. 922, 132 A.3d 1095 (2016).
Since that time, the defendant has filed at least five
federal bankruptcy petitions and taken one bankruptcy appeal.
The defendants present appeal is from the trial courts
judgment overruling his objection to the plaintiffs proposed
execution of ejectment and denying his emergency motion for a
stay of ejectment. On appeal, the defendant has raised
numerous claims, but only two of
them have not been raised previously, [192 Conn.App. 408]
namely, that the trial court (1) abused its discretion by
overruling his objection to the execution of ejectment and
denying his emergency motion for a stay of execution of
ejectment because title has not yet vested in the plaintiff
and (2) erred in finding that his claims of financial and
emotional damages were not of the plaintiffs
making. We conclude that title vested in the
plaintiff when the defendant failed to redeem his interest in
the subject property following the sixty day extension of the
law day. We, therefore, affirm the judgment of the trial
court as to the propriety of the order of ejectment and as to
the denial of the defendants emergency motion for a stay,
and dismiss the remainder of the appeal for lack of subject
matter jurisdiction. See footnote 2 of this opinion.
following convoluted procedural history underlies the present
appeal. In April, 2009, the defendant purchased a condominium
unit located in Sterling (property) and executed a note in
the amount of $136,995 that was secured by a mortgage in
favor of the plaintiff. Id., at 171, 131 A.3d 753.
The defendant failed to make all of the required monthly
interest payments on the debt and to pay the entire principal
on April 24, 2010, pursuant to the note. Id., at
171-72, 131 A.3d 753. The plaintiff filed a lis pendens on
the property in the Sterling land records in June, 2010, and
commenced an action to foreclose on the property in August,
2010. The defendant challenged the plaintiffs standing to
bring the foreclosure action numerous times, denied the
allegations of the complaint, and pleaded several special
defenses and a three count counterclaim against the
plaintiff. Id., at 180, 193, 131 A.3d 753. The case
was tried in September and October, 2014. Id., at
170, 131 A.3d 753. The court, Boland, J., found that
the defendant was liable to the plaintiff in the amount of
$181,254.45 and rendered a judgment of strict foreclosure.
Id., at 186, 131 A.3d 753. The court set the law day
as December 1, 2014. Id. The [192 Conn.App. 409]
defendant appealed to this court, which affirmed the judgment
of strict foreclosure in December, 2015; id., 167,
131 A.3d 753; and our Supreme Court denied the defendants
petition for certification to appeal. Seminole Realty,
LLC v. Sekretaev, 320 Conn. 922, 132 A.3d 1095 (2016).
February, 2014, while the foreclosure case was pending, the
defendant filed a petition under chapter 13 of the United
Stated Bankruptcy Code; see 11 U.S.C. § 1301 et seq. (2012);
but voluntarily withdrew the petition on February 20, 2014.
In April, 2014, the defendant filed a second chapter 13
petition, which the bankruptcy court dismissed with
prejudice. In addition, the bankruptcy court barred the
defendant from filing a further bankruptcy petition for 180
days. In November, 2014, the defendant filed a voluntary
petition under chapter 7 of the United States Bankruptcy
Code; see 11 U.S.C. § 701 et seq. (2012); and a motion to
avoid a lien on the ...