CITIFINANCIAL, INC. v. BALCH

No. 12-118.

86 A.3d 415 (2013)

2013 VT 86

CITIFINANCIAL, INC. v. Judith BALCH, Special Administratrix of the Estate of Theodore Ballard.

Supreme Court of Vermont.

October 4, 2013.


Attorney(s) appearing for the Case

Andrew H. Montroll and Amber L. Doucette of Bendett and McHugh, P.C., Burlington, for Plaintiff-Appellant.

Judith Balch, Pro Se, Castleton, Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, SKOGLUND, BURGESS and ROBINSON, JJ.


ROBINSON, J.

¶ 1. Plaintiff CitiFinancial, Inc. appeals from the superior court's order granting summary judgment to defendant, the Estate of Theodore Ballard, on its foreclosure complaint. CitiFinancial argues that Ballard, who was under a voluntary guardianship, was bound by a mortgage deed and promissory note that he and his guardian co-signed, and that the trial court erred in concluding otherwise. We affirm in part and reverse and remand in part.

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