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DERNIER v. MORTGAGE NETWORK, INC.

No. 12-226.

87 A.3d 465 (2013)

2013 VT 96

Peter DERNIER and Nicole Dernier v. MORTGAGE NETWORK, INC., Mortgage Electronic Registration Systems, Inc. and U.S. Bank National Association.

Supreme Court of Vermont.

October 18, 2013.

Attorney(s) appearing for the Case

Kimberly B. Cheney of Cheney Saudek & Grayck PC, Montpelier, for Plaintiffs-Appellants.

Andre D. Bouffard of Downs Rachlin Martin PLLC, Burlington, for Defendants-Appellees.

PRESENT: Reiber, C.J., Dooley, Skoglund, Burgess and Robinson, JJ.

DOOLEY, J.

¶ 1. Plaintiffs Peter and Nicole Dernier appeal the dismissal for failure to state a claim, of their action for (1) a declaratory judgment that defendant U.S. Bank National Association cannot enforce the mortgage and promissory note for the debt associated with plaintiffs' purchase of their house based on irregularities and fraud in the transfer of both instruments, (2) a declaration that U.S. Bank has violated Vermont's Consumer Fraud Act (CFA) by...

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