Legal Opinion

The Bank of New York Mellon, as Trustee v. Eugene Dowgiert

Supreme Court of New Hampshire

Decided June 28, 2016No. 2015-0485PublishedCited by 11 opinions

1Opinion of the CourtHicks, J.

The defendant, Eugene Dowgiert, appeals an order of the Superior Court (Delker, J.) dismissing his plea of title, which he filed in response to a possessory action brought in the circuit court by the plaintiff, the Bank of New York Mellon (bank), as Trustee. We consider whether the court erred in ruling that the plea is time-barred under RSA 479:25, II (Supp. 2015) and RSA 479:25, II-a (2013). We hold that it did not, and, accordingly, affirm.

Dowgiert’s pleadings include, or the record supports, the following facts. In 2005, Dowgiert refinanced a mortgage loan on his home with Decision One…

2Cases cited10 opinions

  1. Jackson v. AstrueCourt of Appeals for the Eleventh Circuit · 2007
  2. New Hampshire Health Care Ass'n v. GovernorSupreme Court of New Hampshire · 2011
  3. Favazza v. BraleySupreme Court of New Hampshire · 2010
  4. Strike Four, LLC v. Nissan North America, Inc.Supreme Court of New Hampshire · 2013
  5. Appeal of Coos County Commissioners o/b/o the Unincorporated Places of Dixville, NH and Millsfield, NHSupreme Court of New Hampshire · 2014

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3Cited by11 opinions

  1. Segtel, Inc. v. City of NashuaSupreme Court of New Hampshire · 2017
  2. In Re Search Warrant for Records From AT & TSupreme Court of New Hampshire · 2017
  3. Brown et al v Wells Fargo Home Mortgage et alDistrict Court, D. New Hampshire · 2017
  4. Christine Ingemi Richard Ingemi v. Civ. Deutsche Bank Trust Co. Americas, As Indentured Trustee for the Registered Holders of Saxon Asset Solutions Trust 2006-1, Mortgage Loan Asset Backed Notes, Series 2006-1District Court, D. New Hampshire · 2023
  5. Janice Karlsen and Roy Karlsen v. The Money Source, Inc. d/b/a TMSDistrict Court, D. New Hampshire · 2022

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