Wells Fargo Bank v. Schultz, 164 N.H. 608 (2013)

Citation: Wells Fargo Bank v. Schultz, 164 N.H. 608 (2013)
Parent Document: Wells Fargo Bank v. Schultz, 164 N.H. 608 (2013)
Jurisdiction: New Hampshire (state)
Effective Date: 2013-02-25
Original Source: https://www.courtlistener.com/opinion/8093508/wells-fargo-bank-v-schultz/ ↗

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The foreclosure sale occurred on May 18, 2011, at which the plaintiff purchased the Property, as evidenced by a foreclosure deed. On June 15, 2011, the defendant was served with an eviction notice. On July 22, 2011, the plaintiff filed a possessory action, pursuant to RSA 540:12, in the Plaistow District Division seeking to evict the defendant from the Property. The defendant moved to dismiss the action on the ground that the plaintiff lacked standing to evict him. The defendant argued that the plaintiff’s *610alleged possessory right was based upon two prior assignments that were “fatally defective, if not fraudulent.” He submitted several affidavits and documents in support of his motion. On October 18, 2011, the trial court denied the defendant’s motion to dismiss because it found that it lacked jurisdiction to rule on issues directly affecting title to real estate. See RSA 502-A:14 (2010).

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