U.S. Bank National Association v. Christine Kimball

Summary

The Vermont Supreme Court affirmed the trial court’s dismissal of U.S. Bank’s foreclosure action for lack of standing and remanded the case for consideration of the homeowner’s request for attorney’s fees. The court held that the bank failed to demonstrate it was the holder of the note at the time the complaint was filed and that the dismissal with prejudice was proper. It also found the trial court erred by not addressing the fee motion. The decision was rendered de novo.