SCOV Law

By Elizabeth Kruska    Hi, y’all. It’s been a minute. Andy asked me to cover this week’s cases and then it turns out there’s one and it’s a foreclosure and it's a bit of a mess. You'll find it at Ditech Financial, LLC v. Karen Brisson a/k/a Karen Caputo, 2025 VT 54 .  Basically it went like this. Homeowner bought a property with a mortgage. The mortgage note was sold several times (this becomes important later). It even got to the point where Homeowner wasn’t even entirely sure who owned her note. Homeowner defaulted and the mortgage company filed a foreclosure action, which was granted. After the 6 month redemption period but before the property auction, Homeowner filed for bankruptcy protection, which led to a dismissal of the foreclosure case. The bankruptcy case settled, and the bank moved to reopen the foreclosure. The parties mediated but were unsuccessful, so back to court they go.  This is where the problem lies: in the meantime, the original bank-plaintiff w...