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LEROUX v. BANK OF N.H.

No. 88-408.

132 N.H. 547 (1989)

MARCEL F. LEROUX AND CLAIRE LEROUX v. BANK OF NEW HAMPSHIRE, N.A.

Supreme Court of New Hampshire.

December 28, 1989.

Attorney(s) appearing for the Case

Raymond A. Cloutier Law Offices, of Manchester (Robert J. Meagher on the brief and orally), for the plaintiffs.

Wadleigh, Starr, Peters, Dunn & Chiesa, of Manchester (William S. Gannon and Michael R. Mortimer on the brief, and Mr. Gannon orally), for the defendant.

THAYER, J.

The plaintiffs appeal a denial of their petition for declaratory judgment, claiming that the Superior Court (Murphy, J.) erred in holding that RSA 479:3 (Supp. 1988) does not bar a foreclosing priority mortgagee from recovering its accrued interest, late charges, and foreclosure costs from the foreclosure proceeds, if these items, when added to the principal amount due, result in a sum that exceeds the principal amount appearing on the face of the...

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