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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State v. Hemingway, 196 Vt. 441 (2014)

Citation
State v. Hemingway, 196 Vt. 441 (2014)
Parent Document
State v. Hemingway, 196 Vt. 441 (2014)
Jurisdiction
Vermont (state)
Effective Date
2014-05-09

Other Sections in This Document (105)

Full Text

632 chars
¶ 13.        
We reiterated the holding of Soon Kwon in Daniels v. Elks Club
of Hartford, 2012 VT 55, ¶ 35, 192 Vt. 114, 58 A.3d 925, but found
that in that context—notice from a junior creditor to a mortgagee of his or her
interest in a property—the statutory requirement “appears to have the primary
purpose of ensuring that mortgagees not be burdened with constantly monitoring
for attachments before issuing advances.”  Id. ¶ 36. 
Therefore, we reasoned, “[a]ccepting actual notice in the place of written
notice does not undermine this purpose because it does not impose any
additional burden upon the mortgagee.”  Id.