Fidelity Trust Co. v. Irick

I dissent. The majority opinion supports its conclusion by totaling the gross sum of all liens against the property, without consideration of the respective priorities of the lienholders and the amount of payment that would be available to them upon sale after satisfaction of the first mortgage being foreclosed. “Foreclosure is peculiarly an equitable action . . . .” Hartford Federal Savings & Loan Assn. v. Lenczyk, 153 Conn. 457, 463, 217 A.2d 694 (1966). The state’s entitlement to equitable relief is not correctly determined by the sum total of all liens, both prior and subsequent, against…