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 defendant relies on several out-of-state cases to support his position. See, e.g., Bank of New York v. Bailey, 951 N.E.2d 331 (Mass. 2011); Manufacturers Hanover Mortg. Corp. v. Snell, 370 N.W.2d 401 (Mich. Ct. App. 1985). We agree that the cases cited by the defendant stand for the proposition that a mortgagor may contest issues of title in a post-foreclosure proceeding. See Sturdivant v. BAC Home Loans Servicing, LP, No. 2100245, 2011 WL 6275697, at *5-6 (Ala. Civ. App. Dec. 16, 2011). However, the results reached in these cases were dependent upon interpretations of each state’s statutory scheme. See Eaton v. Federal Nat. Mortg. Ass’n, 969 N.E.2d 1118, 1127 (Mass. 2012) (“Statutes play an especially significant role in connection with mortgage foreclosures effected under a power of sale.”). As the plaintiff notes, these cases offer little guidance in construing our own statutory foreclosure scheme. Thus, we find the cases unhelpful to our analysis.

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