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BILDEN PROPERTIES, LLC v. BIRIN

No. 2012-387.

75 A.3d 1143 (2013)

BILDEN PROPERTIES, LLC & a. v. S. Gerald BIRIN & a.

Supreme Court of New Hampshire.

Opinion Issued: August 21, 2013.

As Modified on Denial of Reconsideration September 30, 2013.

Attorney(s) appearing for the Case

Coughlin, Rainboth, Murphy & Lown, P.A., of Portsmouth ( Kenneth D. Murphy on the brief and orally), for petitioner Bilden Properties, LLC.

Wacks & McHale PC, of Lynnfield, Massachusetts ( Kenneth D. Wacks and Michelle A. McHale on the brief, and John F. Willis orally), for petitioner TD Bank, N.A.

Hage Hodes, P.A., of Manchester ( Jamie N. Hage on the brief and orally), for the respondents.

DALIANIS, C.J.

The petitioners, Bilden Properties, LLC (Bilden Properties) and TD Bank, N.A. (TD Bank), appeal, and the respondents, S. Gerald and Gail Birin (the Birins), cross-appeal, an order of the Superior Court (Nicolosi, J.) finding, among other things, that the petitioners are bona fide purchasers for value, who acquired interests in the subject property without notice of the Birins' mortgage on it. We affirm in part, reverse in part, vacate in part...

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