Legal Opinion
Galvin v. EMC Mortgage Corp.
District Court, D. New Hampshire
Decided September 25, 2014No. 12-cv-320-JLPublishedCited by 4 opinions
1Opinion of the Court
*72 CORRECTED MEMORANDUM ORDER
JOSEPH N. LAPLANTE, District Judge.
This case poses a question of statutory interpretation: what is the meaning of the term “mortgagee” in N.H.Rev.Stat. Ann. § 479:25, which allows “the mortgagee or his assignee” to conduct a foreclosure under the power of sale? Plaintiffs Mark and Jenny Galvin argue that “mortgagee” means the entity that “owns and holds both the borrower’s note and mortgage interests.” First Am. Petition (document no. 29) ¶ 85. They assert that none of the defendants — various entities who, at various times, held or claimed to hold (or claimed to…
2Cases cited43 opinions
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Vineberg v. BissonnetteCourt of Appeals for the First Circuit · 2008
- National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
- Eaton v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 2012
- Culhane v. Aurora Loan Services of NebrasCourt of Appeals for the First Circuit · 2013
38 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Castagnaro v. Bank of New York MellonCourt of Appeals for the First Circuit · 2014
- Cranmore v. Wells Fargo Bank, N.A.District Court, D. Massachusetts · 2019
- Galvin, et al. v. EMC Mortgage Corporation, et alDistrict Court, D. New Hampshire · 2014
- Tammy Lord, A/K/A LeClerc v. PHH Mortgage CorporationDistrict Court, D. New Hampshire · 2026