Chase v. Ameriquest Mortgage Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a mortgage, which contained a forged signature and did not satisfy the statutory formalities of execution, could not constitute a charge on the homestead right
• concluding that, although the mortgage company was negligent in failing to uncover a forgery, “negligence on the part of a surety does not invalidate the right to subrogate”
• concluding mortgage could not constitute a charge on homestead according to law because it did not satisfy statutory requirements of RSA 477:3 and RSA 480:5-a
• noting that in action to enjoin mortgage foreclosure, “[a] court of equity will order to be done that which in fairness and good conscience ought to be or should have been done”
• determining that Ameriquest (second lender) was not a voluntary payer when it paid off a mortgage held by Bankers Trust (first lender) “in order to protect its interest in the homestead as collateral to secure the debt”
• noting that forgery had been used to obtain mortgage loan

Source: CourtListener parenthetical corpus (CC0).