Mark R. Longshore & a. v. US Bank National Association, as Trustee

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2020-0335, Mark R. Longshore & a. v. US Bank
National Association, as Trustee, the court on June 8, 2021,
issued the following order:

Having considered the briefs and record submitted on appeal, we
conclude that oral argument is unnecessary in this case. See Sup. Ct. R. 18(1).
The plaintiffs, Mark R. Longshore and Thomasina Longshore, appeal the order
of the Superior Court (O’Neill, J.) entering summary judgment for the
defendant, US Bank National Association, as Trustee, on their claims for
breach of contract, negligent misrepresentation, and breach of the implied
covenant of good faith and fair dealing. The plaintiffs argue that there are
genuine issues of material fact that preclude summary judgment in favor of the
defendant. We affirm.

The plaintiffs entered into a mortgage loan with the defendant. They
argue that the defendant breached the terms of the loan by increasing the
installment payment amount, refusing to accept partial payments, and
initiating foreclosure. The trial court found that, following the plaintiffs’ failure
to pay real estate taxes, the loan documents expressly allowed the defendant to
increase the payment amount, refuse to accept partial payments, and initiate
foreclosure. The court found that the defendant was not liable for negligent
misrepresentation because it did not misrepresent facts in order to induce the
plaintiffs to enter into the loan. The court also found that the defendant did
not breach the covenant of good faith and fair dealing because it had no duty to
modify the loan.

As the appealing parties, the plaintiffs have the burden of demonstrating
reversible error. Gallo v. Traina, 166 N.H. 737, 740 (2014). Based upon our
review of the trial court’s well-reasoned order, the plaintiffs’ challenges to it, the
relevant law, and the record submitted on appeal, we conclude that the
plaintiffs have not demonstrated reversible error. See id.

Affirmed.

MacDonald, C.J., and Hicks, Bassett, Hantz Marconi, and Donovan, JJ.,
concurred.

Timothy A. Gudas,
Clerk