STATE OF VERMONT
SUPERIOR COURT
Windsor Unit
PETER DERNIER &
NICOLE DERNIER,
Plaintiffs,
v.
U.S. BANK NATIONAL ASS’N,
as Trustee for CSMC Mortgage-Backed
Pass-Through Certificates, Series 2006-3,
Defendant
OPINION AND ORDER RE: MOTION FOR SUMMARY JUDGMENT (#12)
EXCERPT:
As noted, this case was previously appealed to the Vermont Supreme Court as Dernier v. Mortgage Network, Inc. On remand, the sole question before this court is whether the Defendant presently lacks the right to enforce the Plaintiff’s promissory note because the note was stolen.
[…]
The question, then is whether the Plaintiffs can sufficiently show that the note was lost or stolen so as to survive summary judgment. The court concluded that the Plaintiffs have made such showing.
[…]
Although the Plaintiffs have offered no direct evidence that the note was stolen. They have offered the affidavit of a Chad M. Goodwin, swearing that he is a former employee of Mortgage Network, Inc. and that the signature on the indorsement is not his own. Taken in the light most favorable to the Plainiffs, a finder of fact could conclude that the indorsement was forged, and that, therefor, the note is not a bearer instrument….
[…]
