EverBank v. Marini

134 A. 3d 189 (2015)

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EverBank v. Marini

Vermont Supreme Court
134 A. 3d 189 (2015)

JL
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Facts

Caroline and Gary Marini (defendants) purchased a home in 2005. In 2009, Gary sought to take an additional loan against the home, but Caroline was opposed to the idea. Gary applied for the loan through LendingTree Loans, which required both Gary and Caroline to sign the mortgage. Caroline initially refused to sign the documents. Gary became extremely angry, berated Caroline in front of two of their children, and waved around a pair of large scissors. Caroline felt threatened and agreed to sign the documents. The next night, a notary came to the Marini home and witnessed Caroline’s signature on the mortgage documents. In 2011, the Marinis stopped making payments on the mortgage. The loan was assigned to Bank of America, which initiated foreclosure proceedings in late 2012. Subsequently, Bank of America assigned the loan to EverBank (plaintiff), which was substituted into the litigation. Caroline alleged that the mortgage was void as to her because she signed the documents under duress and filed a motion for summary judgment. The trial court granted the motion, and EverBank appealed.

Rule of Law

Issue

Holding and Reasoning (Eaton, J.)

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