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2009-689, Stephen Brunelle & a. v. Bank of New York Mellon & a.
State: New Hampshire
Court: Supreme Court
Docket No: 2009-689
Case Date: 10/27/2010
Preview:NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Rockingham No. 2009-689 STEPHEN BRUNELLE & a. v. BANK OF NEW YORK MELLON & a. Submitted: June 23, 2010 Opinion Issued: October 27, 2010 Stephen and Ellen Brunelle, pro se, by brief. Sulloway & Hollis, P.L.L.C., of Concord (Derek D. Lick on the brief), for defendant Bank of New York Mellon. BRODERICK, C.J. The plaintiffs, Stephen and Ellen Brunelle, appeal an order of the Trial Court (McHugh, J.) authorizing the defendants, Bank of New York Mellon; Novastar Mortgage, Inc.; Harmon Law Offices, P.C.; and Saxon Mortgage Services, Inc., to foreclose on the plaintiffs' property if they fail to repay funds required to allow rescission of the mortgage contract. They argue that the trial court erred in modifying their rescission rights under the Truth in Lending Act ("the Act"), see 15 U.S.C.A.
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