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CollectionCase closedConnecticut Superior Court, Waterbury

DXR Finance Parent, LLC v. Theraplant, LLC (strict foreclosure of 856 Echo Lake Road)

Silver Point's lending vehicle foreclosed on Theraplant's Watertown cultivation facility under the 2021 Greenrose credit agreement. Theraplant agreed to a stipulated judgment of strict foreclosure in July 2023; the former owners' representative tried to intervene, lost, and the Appellate Court dismissed its appeal as moot in January 2024.

Source
Connecticut Superior Court, Waterbury
Files
4

Docket: UWY-CV23-6070146-S (Waterbury).

Status: CLOSED. Judgment of strict foreclosure July 26, 2023; motion to intervene denied August 1, 2023; Appellate Court appeal dismissed January 19, 2024; Supreme Court certification denied March 5, 2024.

Parties. Plaintiff DXR Finance Parent, LLC, assignee of the mortgage. Defendant Theraplant, LLC, owner of 856 Echo Lake Road, Watertown. Would-be intervenor Shareholder Representative Services LLC.

What the complaint says. Under a November 26, 2021 credit agreement among the DXR-GL lenders, DXR Finance as agent, Greenrose as borrower and Theraplant as guarantor, amended in December 2021 and November 2022, Theraplant’s property secured the loan. The plaintiff sued to foreclose after default.

What happened. Filed April 6, 2023 with a lis pendens. On July 24, 2023 DXR and Theraplant jointly moved for a stipulated judgment of strict foreclosure, which Judge Walter Spader granted July 26, 2023. Shareholder Representative Services, which holds a prejudgment attachment against Greenrose in its own case, moved to intervene on July 31, 2023; the court denied the motion August 1, 2023 and later denied articulation. SRS appealed. The Appellate Court dismissed the appeal on January 19, 2024, holding it moot because no stay had kept the law days from running and title had already vested in DXR by the time the trial court denied the post-judgment motion. The Supreme Court denied certification March 5, 2024.

Status. Closed. Title to the Watertown facility passed to DXR Finance Parent.

Documents below are published exactly as they appear on the Judicial Branch’s civil case look-up (civilinquiry.jud.ct.gov). The full docket for every case is public; CannaTimes publishes the leading complaint and the outcome documents, and describes the rest in the text above.

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