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MERCHANTS BANK v. LAMBERT

No. 86-003.

559 A.2d 665 (1989)

The MERCHANTS BANK v. Julie LAMBERT a/k/a Jackie Lambert Vezina & Joseph N. Vezina.

Supreme Court of Vermont.

February 24, 1989.

Attorney(s) appearing for the Case

Charles R. Tetzlaff and Neil D. Wheelwright of Latham, Eastman, Schweyer & Tetzlaff, Burlington, for plaintiff-appellant.

Frederick W. Coombs and Amy C. Gregory of Paradis, Coombs and Fitzpatrick, Essex Junction, for defendants-appellees.

Before PECK, J., BARNEY, C.J. (Ret.), KEYSER, J. (Ret.), MARTIN, Superior Judge and COSTELLO, District Judge (Ret.), Specially Assigned.

BARNEY, Chief Justice (Ret.), Specially Assigned.

This case involves a mortgage foreclosure which was brought by plaintiff-mortgagee, The Merchants Bank, against the homestead premises of the defendant-mortgagor, Julie Lambert. The homeplace had been pledged as collateral to secure a note executed by the defendant's daughter and son-in-law. Defendant Lambert did not sign the note, never saw the note, did not attend the loan closing and received none of its proceeds...

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