Matter of Sansone

MEMORANDUM OF DECISION RE: OBJECTION TO REQUEST FOR APPROVAL OF STIPULATION DEALING WITH USE OF RENTS

ROBERT L. KRECHEVSKY, Chief Judge.

I

ISSUE

The question presented is whether in Connecticut a mortgagee of realty holding a recorded mortgage and assignment of rents to secure the payment of the mortgage obligation has, through such recording, a fully perfected interest in the rents enforceable after the mortgagor files a bankruptcy petition. The mortgagee, pre-petition, had not taken any action to enforce its claim to the rents following a default by the debtor-mortgagor. The parties have…