Joseph Castagnaro v. The Bank of New York Mellon

Pursuant to Supreme Court Rule 34, the United States Court of Appeals for the First Circuit (Howard, J.) certified to us the following questions of law:

1) Does New Hampshire common law and/or RSA §479:25 require a foreclosing entity to hold both the mortgage and note at the time of a nonjudicial foreclosure? If so, can an agency relationship between the note holder and the mortgage holder meet that requirement, and does language in the mortgage naming the mortgagee “nominee for lender and lender’s successors and assigns” suffice on its own to show an adequate agency relationship?

2) Assuming…