Smith v. GMAC Mortgage Corp.

General Statutes § 49-8 (c) provides that when a mortgagee fails, after request, to release a mortgage that has been paid, the mortgagee “shall be liable for damages to any person aggrieved ... up to a maximum of five thousand dollars . . . .” The issue before the court on the parties’ cross motions for summary judgment is whether this limit may be multiplied where there is more than one aggrieved person. The court holds that it may not.

The facts are not in dispute. On December 14, 2000, the plaintiffs, Robert F. Smith, Jr., and Jeanette L. Mockalis, obtained a home equity line of credit from…