New England Savings Bank v. Lopez

The principal issue of this appeal is whether General Statutes § 49-28,2 which establishes the procedures governing deficiency judgments following foreclosures by sale, is unconstitutional under the due process clause of the United States constitution because it does not provide an evidentiary hearing to determine the fair market value of the foreclosed property for purposes of calculating the amount of the deficiency. The defendants, Mark Lopez and Pauline J. Henson,3 *273appeal4 from the judgment of the trial court ordering a deficiency. They claim that following the foreclosure sale, the trial…