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EverBank v. Marini
Citation:Supreme Court of Vermont, 2015. 134 A. 3d 189.
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Caroline and Gary Marini (Defendants) purchased a home in 2005, and in 2009, Gary sought to take out an additional loan against the home. Caroline did not want to, but later agreed to sign the documents because Gary berated her to sign the documents with a pair of scissors in front of their young children. The next day a notary came to the home and witnessed Caroline sign the documents. In 2011, the couple stopped making payments on the loan and Bank of America initiated foreclosure proceedings. Bank of American assigned the loan to EverBank (Plaintiff).
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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