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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Under RSA 540:12, “[t]he owner, lessor, or purchaser at a mortgage foreclosure sale of any tenement or real estate may recover possession thereof from a lessee, occupant, mortgagor, or other person in possession, holding it without right, after notice in writing to quit.” In Kevlik, we addressed whether a plaintiff in a possessory action satisfied the “ownership” element of RSA 540:12. See Kevlik, 161 N.H. at 803-04. In that case, “the plaintiffs attorney presented, as proof of ownership, uncertified copies of a foreclosure deed and affidavit and a mortgage assignment.” Id. at 803. Because the uncertified documents failed to comport with New Hampshire Rules of Evidence 902(4) or 1005, we held that “the plaintiff [had] not carried its burden to show ownership of the property.” Id. at 803-04. In so ruling, however, we noted:

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