62 A.3d 893
N.H.2013Background
- Defendant obtained a $312,000 mortgage loan from Option One in 2006 to buy the East Hampstead property; foreclosure was anticipated in 2009–2010 due to arrears.
- Foreclosure sale occurred on May 18, 2011, with Wells Fargo (plaintiff) purchasing the property; a foreclosure deed was issued.
- Defendant was served with an eviction notice on June 15, 2011 and Wells Fargo filed a possessory action under RSA 540:12 on July 22, 2011.
- Defendant moved to dismiss alleging Wells Fargo lacked standing to evict because their ownership was purportedly defective; trial court denied without prejudice due to lack of title jurisdiction.
- The trial court later held a merits hearing, issued judgment for plaintiff in December 2011, and this appeal followed.
- On appeal, the district court’s lack of jurisdiction to adjudicate title and the sufficiency of Wells Fargo’s ownership proof were key contested issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff had standing under RSA 540:12 to seek possession | Wells Fargo is a purchaser at a mortgage foreclosure sale and proved ownership via a certified foreclosure deed | Schultz contends ownership was not proven due to intervening assignments | Yes; plaintiff satisfied ownership via certified deed and had standing |
| Whether the district division can adjudicate title or require record-title proof | Title issues are resolved by the district division when appropriate, and ownership was proven | District division should require record-title chain; title is central | District division cannot adjudicate title; ownership proven; affirmed denial of dismissal |
Key Cases Cited
- Deutsche Bank Nat’l Trust Co. v. Kevlik, 161 N.H. 800 (2011) (ownership element under RSA 540:12; need authenticated documents)
- Bank of N.Y. Mellon v. Cataldo, 161 N.H. 135 (2010) (district division lacks jurisdiction to adjudicate title; title actions must go to superior court)