Leroux v. Bank of New Hampshire, N.A.

The plaintiffs appeal a denial of their petition for declaratory judgment, claiming that the Superior Court {Murphy, J.) erred in holding that RSA 479:3 (Supp. 1988) does not bar a foreclosing priority mortgagee from recovering its accrued interest, late charges, and foreclosure costs from the foreclosure proceeds, if these items, when added to the principal amount due, result in a sum that exceeds the principal amount appearing on the face of the mortgage to the detriment of junior lienholders. For the reasons that follow, we affirm the denial of the plaintiffs’ petition.

The parties…