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Property Keyed to Merrill
Murphy v. Financial Development Corp.
Citation:495 A.2d 1245 (N.H. 1985)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- 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.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- 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:
The plaintiffs entered a mortgage loan to finance their house purchase in 1966. In 1981, the plaintiffs were seven months behind on their mortgage payments, amongst other payments. The defendant/lenders attempted to work with the plaintiffs, giving them the opportunity to avoid foreclosure. Eventually, the plaintiffs paid the seven months’ mortgage arrearage, but failed to pay some costs and legal fees associated with the foreclosure proceedings. At the plaintiff’s requests, the lenders agreed to postpone the foreclosure sale until December to give the plaintiffs the opportunity to pay the costs and legal fees, and the mortgage payment due in the month of October. The plaintiffs paid the mortgage payment due in October but made no further payments to the lenders. The lenders proceeded with the foreclosure sale. The lenders’ representative made the only bid at the sale, at $27,000. The $27,000 accounted for the amount owed on the mortgage, plus costs and fees, and was accepted and the sale concluded. Later that same day, Southern New Hampshire Home Traders, Inc. was informed of the sale, and they contacted the lenders to make a purchase offer. The lenders rejected Southern’s initial offer and negotiated a purchase price of $38,000. This sale was also completed. The plaintiffs filed suit for unfair practices at the foreclosure sale, alleging that the defendant-lenders could have obtained a better price at the initial sale to its own representative.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.