CENLAR FSB v. MALENFANT

No. 14-441.

151 A.3d 778 (2016)

2016 VT 93

CENLAR FSB v. Joseph L. MALENFANT, Jr. and Laurie G. Malenfant.

Supreme Court of Vermont.

August 19, 2016.


Attorney(s) appearing for the Case

Jeffrey J. Hardiman and Randall Souza of Shechtman Halperin Savage, LLP, Pawtucket, Rhode Island, for Plaintiff-Appellant.

Marc E. Wiener of Marc E. Wiener Law Offices, PLLC, Burlington, for Defendants-Appellees.

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


¶ 1. This case calls upon us to solve a procedural puzzle involving successive foreclosure actions on the same note. In particular, this case raises the question: What is the impact of a court's dismissal with prejudice of a lender's claim on a promissory note and accompanying foreclosure action with respect to the lender's ability...

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