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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Unlike in Kevlik, here the plaintiff “proffered [an] authenticated document . . . regarding the foreclosure sale.” Id.; see also N.H. R. Ev. *611902(4), 1005. In fact, the defendant does not dispute that the plaintiff submitted a certified copy of its foreclosure deed. Further, RSA 540:12 provides that an “owner, lessor, or purchaser at a mortgage foreclosure sale... may recover possession.” (Emphasis added.) A plaintiff may recover possession under RSA 540:12 by demonstrating that it is one of the three enumerated entities. We conclude that the plaintiffs certified copy of the foreclosure deed was sufficient to establish that it was a “purchaser at a mortgage foreclosure sale” eligible to seek possession under RSA 540:12. See Kevlik, 161 N.H. at 804.

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