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R & G PROPERTIES v. COLUMN FINANCIAL

No. 06-415.

968 A.2d 286 (2008)

2008 VT 113

R & G PROPERTIES, INC. v. COLUMN FINANCIAL, INC., Wells Fargo Bank Minnesota, N.A. and Capmark Finance Inc. f/k/a GMAC Commercial Mortgage Corp.

Supreme Court of Vermont.

August 22, 2008.

Attorney(s) appearing for the Case

Lisa Chalidze, Benson, for Plaintiff-Appellant.

Heather Z. Cooper and Rodney E. McPhee of Kenlan, Schwiebert & Facey, P.C., Rutland, for Defendant-Appellee Capmark Finance Inc.

Present: DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ., and HOWARD, Supr. J., Specially Assigned.

DOOLEY, J.

¶ 1. Borrower, R & G Properties, Inc. (borrower), appeals an order of the superior court, granting summary judgment to lenders—Column Financial, Inc. (Column), Wells Fargo Banker Minnesota (Wells Fargo), and GMAC Commercial Mortgage Corp. (GMAC)—as to all of borrower's claims. On appeal, borrower argues that the court erred in concluding that the security agreement and mortgage on five of its mobile home parks did not create an unenforceable...

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