Jillian Cohen Bergeron v. New York Community Bank

How courts have described this case

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

• holding that agent of noteholder has authority to exercise power of sale under RSA 479:25, and declining to decide whether, absent an agency, a party holding only the mortgage may foreclose
• declining to “address whether the defendant could foreclose if the agency relationship was irregular or legitimately challenged by the plaintiff”
• assuming without deciding that the authority to foreclose requires the note and holding that a mortgagee that is a properly authorized agent of the noteholder has power to foreclose
• noting that if the language of the mortgage establishes an agency relationship between the assignee of MERS and the holder of the note, the assignee of MERS has the authority to foreclose regardless of whether that entity holds the note at the time of the foreclosure
• noting that if the language of the mortgage establishes an agency relationship between the assignee of MERS and the holder of the note, the assignee of MERS has the authority to foreclose regardless of whether that entity holds 5 the note at the time of the foreclosure
• we assume trial court made all findings necessary to support its decision

Source: CourtListener parenthetical corpus (CC0).