Dieffenbach v. Attorney General of Vermont
United States Court of Appeals for the Second Circuit
604 F.2d 187 (1979)
- Written by Carolyn Strutton, JD
Facts
Dieffenbach (plaintiff) owned a home in Shoreham, Vermont, that was mortgaged to a bank. Dieffenbach defaulted on the mortgage payments, and the bank began foreclosure proceedings. Vermont was one of the few states that allowed strict foreclosures for mortgages, through which a mortgagee could retain the full value of any foreclosed property, even if the value of the property was greater than the mortgagor’s debt to the mortgagee. Dieffenbach was eventually evicted, and the bank took possession of the property after more than a year of legal proceedings. The bank sold the property to a third party for $20,000, which was almost twice as much as Dieffenbach had owed the bank. Under Vermont’s strict-foreclosure scheme, the bank was not obligated to repay any of that excess to Dieffenbach. Dieffenbach sued the State of Vermont (defendant) in federal court, alleging that the state’s strict-foreclosure rules for mortgages were unconstitutional on equal protection and due process grounds. The district court granted the state’s motion for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Oakes, J.)
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