Weeks v. Five Bros. Mtg., 2013 DNH 068 (2014)

Citation: Weeks v. Five Bros. Mtg., 2013 DNH 068 (2014)
Parent Document: Weeks v. Five Bros. Mtg., 2013 DNH 068 (2014)
Jurisdiction: New Hampshire (state)
Effective Date: 2014-04-09
Original Source: https://www.courtlistener.com/opinion/10695256/weeks-v-five-bros-mtg/ ↗

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      The plaintiffs also argue that regardless of whether U.S.
Bank complied with the requirements of a notice to quit in RSA
540, U.S. Bank “would only be able to recover possession of the
Manchester [House] after a writ of possession issued and after
the sheriff served the writ of possession.” The plaintiffs cite
to RSA 540:14 in support of that assertion. RSA 540:14 does not
appear to create a private right of action, and to the extent the
defendants illegally seized the plaintiffs’ possessions, that
conduct could be actionable under the plaintiffs’ claims for
conversion or trespass to chattels. Because the court cannot
determine in the context of a motion for judgment on the
pleadings whether the plaintiffs were properly served with the
notice to quit, however, the court does not address whether Count
I could survive based on RSA 540:14.

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