Connecticut Superior Court June 25, 1996, File CV950555403 (Equity Bank v. Gonsalves)

HON. ROBERT SATTER, JUDGE TRIAL REFEREE.

In this foreclosure action the defendant, George Gonsalves, moves for summary judgment on two grounds: (1) the defendant paid the mortgage debt in full; and, (2) the plaintiff, The Equity Bank (bank), does not have the note and cannot account for its loss.

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The facts established by the affidavits supporting and opposing the motion are as follows.