This language from a Connecticut Superior Court case might be helpful to a borrower where the plaintiff has not alleged and proven conditions precedent:
"The notice requirements of a mortgage note and deed create conditions precedent to institution of a foreclosure suit. Northeast Savings v. Scherban, 47 Conn.App. 225, 228, 702 A.2d 659 (1997); cert. denied, 244 Conn. 907, 714 A.2d 2 (1998). "Notices of default and acceleration are controlled by the mortgage documents." Citicorp. Mortgage, Inc. v. Porto, 41 Conn.App. 598, 602, 677 A.2d 10 (1996)." Deutsche Bank Nat'l Trust Co. v. Seplowitz, No. CV075001419, 2007 Conn. Super. LEXIS 2383 (Ct. Super Toland 2007).
Paragraph 22 is expressly mentioned, though in this case, the plaintiff seems to have met its burden.