Legal Opinion
Galvin, et al. v. EMC Mortgage Corporation, et al
District Court, D. New Hampshire
Decided September 25, 2014No. 14-CV-139-JLPublished
1Opinion of the Court
UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Mark B. Galvin and Jenny Galvin v. Civil No. 12-cv-320-JL Opinion No.
2014 DNH 139
EMC Mortgage Corporation et al. CORRECTED MEMORANDUM ORDER 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.…
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
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