Bank of New Hampshire v. Scanlon

The plaintiff, Bank of New Hampshire, brought an action in the Superior Court (Murphy, J.) against the defendant, *506Edward J. Scanlon, to recover a deficiency on a promissory note. The superior court granted summary judgment in favor of the defendant after ruling: (1) that the plaintiff failed to properly disclose the loan’s interest rate in violation of RSA 399-B:2 (1998); and (2) that the plaintiff was consequently precluded from recovering the deficiency. We reverse and remand.

The parties entered into a commercial loan agreement and executed a promissory note secured by a first mortgage on…