New Hampshire Court Grants Bank Client Summary Judgment, Cites Exemption from Consumer Protection Act

May 2012

The New Hampshire Superior Court, Hillsborough County Southern District, on May 30, 2012 granted summary judgment in favor of a large national bank represented by Bulkley Richardson in a wrongful foreclosure case, dismissing all claims by the borrower. The lawsuit resulted from a failed residential mortgage on a multi-family, investment property for which the plaintiff challenged the lender’s standing to foreclose and claimed unfair and deceptive practices under New Hampshire’s Consumer Protection Act. The court found that all loan servicing and foreclosure activities by entities regulated as national banks are exempt from the Act. The court also found that the plaintiff had waived the opportunity to challenge standing by failing to file a pre-foreclosure petition to enjoin the auction. The client was represented by J. Patrick Kennedy.