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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)

Citation
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Parent Document
Sykes v. RBS Citizens, N.A., 2 F. Supp. 3d 128 (2014)
Jurisdiction
New Hampshire (state)
Effective Date
2014-03-04

Other Sections in This Document (127)

Full Text

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The New Hampshire Supreme Court has recognized a claim for wrongful foreclosure, brought after the foreclosure sale, where the foreclosing mortgagee did not exercise due diligence in conducting the mortgage sale and, as a result, did not get a fair price for the property. Murphy v. Fin. Dev. Corp., 126 N.H. 536, 541-45, 495 A.2d 1245 (1985); see also DeLellis v. Burke, 134 N.H. 607, 612-13, 598 A.2d 203 (1991). The court is not aware of any New Hampshire case that recognizes a claim for wrongful foreclosure based on a theory of invalid assignment.