Legal Opinion

Brunelle v. Bank of New York Mellon

Supreme Court of New Hampshire

Decided October 27, 2010No. 2009-689Published

1Opinion of the CourtBroderick, C.J.

The plaintiffs, Stephen and Ellen Brunelle, appeal an order of the Trial Court (McHugh, J.) authorizing the defendants, Bank of New York Mellon; Novastar Mortgage, Inc.; Harmon Law Offices, P.C.; and Saxon Mortgage Services, Inc., to foreclose on the plaintiffs’ property if they fail to repay funds required to allow rescission of the mortgage contract. They argue that the trial court erred in modifying their rescission rights under the Truth in Lending Act (“the Act”), see 15 U.S.C.A. §§ 1601 et seq. (West 2009). We affirm.

The following facts appear in the record. The plaintiffs obtained a…

2Cases cited6 opinions

  1. State v. BlackmerSupreme Court of New Hampshire · 2003
  2. Large v. Conseco Finance Servicing Corp.Court of Appeals for the First Circuit · 2002
  3. American Mortgage Network, Incorporated v. Michael D. Shelton Pamela SheltonCourt of Appeals for the Fourth Circuit · 2007
  4. Lynch v. GMAC Mortgage Corp. of Iowa (In Re Lynch)United States Bankruptcy Court, D. New Hampshire · 1994
  5. Coco v. JaskunasSupreme Court of New Hampshire · 2009

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