According to the Hartford Courant, a Superior Court judge has dismissed the foreclosure case involving the Stafford Springs home owned by Oliver Herbert, leaving the property under control of his wife, who has been questioned by state police about his mysterious death last October.

The Freedom Mortgage Company had filed for foreclosure against Oliver Herbert alleging that he hadn’t paid any of a $132,000 mortgage on the house he and his wife Elizabeth lived in on Satkowski Road. Herbert never filed an appearance in the case and never went to court so a judge found him in default.

The mortgage company filed a motion in December seeking permission to sell the home, but that never occurred and now the mortgage company is no longer fighting the judge’s decision to dismiss the case entirely.

Attorney William Davenport, who represents the mortgage company, could not be reached for comment Friday. Manchester attorney Anthony Spinella, who is representing Elizabeth Herbert, declined to comment Friday. The foreclosure case was dismissed May 20.

The State Police Eastern District Crime Squad is investigating Herbert’s death, which has been labeled suspicious.

Herbert was reported missing by his wife about 3 p.m. on Oct. 16, and his body was found by police face down at the edge of the pond where the water was only a few inches deep. Friends said he was supposed to go to a neighbor’s house the night before to watch a movie but didn’t go because he wasn’t feeling well.

The state medical examiner’s office ruled that Herbert, 44, drowned, and called the manner of death “undetermined.”

Read more at the Hartford Courant.