Legal Opinion
Dernier v. Mortgage Network, Inc.
Supreme Court of Vermont
Decided October 18, 2013No. 12-226PublishedCited by 41 opinions
1Opinion of the CourtDooley, J.
¶ 1. Plaintiffs Peter and Nicole Dernier appeal the dismissal for failure to state a claim, of their action for (1) a declaratory judgment that defendant U.S. Bank National Association cannot enforce the mortgage and promissory note for the debt associated with plaintiffs’ purchase of their house based on irregularities and fraud in the transfer of both instruments, (2) a declaration that U.S. Bank has violated Vermont’s Consumer Fraud Act (CFA) by asserting its right to enforce the mortgage and note, and (3) attorney’s fees and costs under the CFA. They also appeal the trial court’s failure…
2Cases cited36 opinions
- US Bank National Association v. IbanezMassachusetts Supreme Judicial Court · 2011
- Culhane v. Aurora Loan Services of NebrasCourt of Appeals for the First Circuit · 2013
- Leardi v. BrownMassachusetts Supreme Judicial Court · 1985
- Bischoff v. BletzSupreme Court of Vermont · 2008
- Kaplan v. MORGAN STANLEY & CO., INC.Supreme Court of Vermont · 2009
31 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Yvanova v. New Century Mortgage Corp.California Supreme Court · 2016
- Rajamin v. Deutsche Bank National Trust Co.Court of Appeals for the Second Circuit · 2014
- Birchwood Land Company, Inc. v. KrizanSupreme Court of Vermont · 2015
- Davis v. The American Legion, Department of VermontSupreme Court of Vermont · 2014
- Skaskiw and Vermont Volunteer Services for Animals Humane SocietySupreme Court of Vermont · 2014
36 more not listed; retrieve them via the Exa API.