United States First Circuit

In this case, the issue of whether New Hampshire law requires a foreclosing entity to hold both mortgage and note before it can exercise a power of sale under N.H. Rev. Stat. Ann. section 479:25 has splintered into two distinct questions: whether either the common law or state statute mandates the unity of the two, and if so, whether parties can override the baseline rule by agreement. The questions are certified to the New Hampshire Supreme Court, where controlling state precedent does not provide definitive guidance on how to resolve these queries, and since consequential federalism interests are implicated.

Appellate Information

• Decided 11/20/2014
• Published 11/20/2014

Judges

• Howard

Court

• United States First Circuit

Counsel