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MURPHY v. FINANCIAL DEVELOPMENT CORP.

No. 84-253.

126 N.H. 536 (1985)

RICHARD S. MURPHY AND BEATRICE K. MURPHY v. FINANCIAL DEVELOPMENT CORPORATION & a.

Supreme Court of New Hampshire.

May 24, 1985.

Attorney(s) appearing for the Case

Welts & White P.C., of Nashua (Jack S. White and Robert V. McKenney on the brief, and Mr. White orally), for the plaintiffs.

Gregoire, Calivas, Morrison & Gray, of Dover (Douglas C. Gray on the brief and orally), for the defendants Financial Development Corporation and Colonial Deposit Company.

Devine, Millimet, Stahl & Branch P.A., of Manchester (Norman H. Stahl and Paul G. Mattaini on the brief, and Mr. Mattaini orally), for the New Hampshire Bankers Association, as amicus curiae.

DOUGLAS, J.

The plaintiffs brought this action seeking to set aside the foreclosure sale of their home, or, in the alternative, money damages. The Superior Court (Bean, J.), adopting the recommendation of a Master (R. Peter Shapiro, Esq.), entered a judgment for the plaintiffs in the amount of $27,000 against two of the defendants, Financial Development Corporation and Colonial Deposit Company (the lenders).

The plaintiffs purchased a house in...

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