Legal Opinion
Galvin v. EMC Mortgage Corp.
District Court, D. New Hampshire
Decided June 18, 2014No. Civil No. 12-cv-320-JLPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM ORDER
JOSEPH N. LAPLANTE, District Judge.
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. 29) ¶ 85. They assert that none of the defendants — various entities who, at various times, held or claimed to hold (or claimed to represent the…
2Cases cited42 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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3Cited by2 opinions
- Fraser Engineering v IPS-IntegratedDistrict Court, D. New Hampshire · 2018
- Martin v. Wells Fargo Bank, N.A., et al.District Court, D. New Hampshire · 2016