Vt. Stat. Ann. » Title 12 Chapter 163
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 4523 (2026)

Repealed. 2011, No. 102 (Adj. Sess.), § 2.

✓ current as of May 2026
Find cases: SyfertCases citing this section VT-LEGlegislature.vermont.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Subchapter 006 : FORECLOSURE OF MORTGAGES

(Cite as: 12 V.S.A. § 4523)
Notes of Decisions
Cited in 16 cases, 1971–2011 · leading case: Vermont Tenants, Inc. v. Vermont Hous. Fin. Agency, 742 A.2d 745 (Vt. 1999).
Sort: Relevance Newest Treatment
Vermont Tenants, Inc. v. Vermont Hous. Fin. Agency, 742 A.2d 745 (Vt. 1999). · cites it 5× “Without further notice or service, those persons shall be bound by the power of sale and the foreclosure deed and shall be foreclosed from all rights or equity in the mortgaged property.”
Mortg. Lenders Network, USA v. Sensenich, 873 A.2d 892 (Vt. 2004). · cites it 2× “It does not necessarily follow, however, that the filing of a foreclosure complaint pursuant to 12 V.S.A. § 4523(b) would not provide constructive notice of an equitable mortgage claim to subsequent purchasers, including the bankruptcy trustee.”
Quazzo v. Quazzo, 386 A.2d 638 (Vt. 1978). “Appellant’s second assignment of error is based upon 12 V.S.A. § 4523(c). Referring to foreclosure actions, that subsection states that “[a] 11 proceedings shall be before the presiding judge alone, and trial shall be without jury.”
Merchants Bank v. Thibodeau, 465 A.2d 258 (Vt. 1983). · cites it 2× “” 12 V.S.A. § 4523 (c). This statute merely codifies the common law that foreclosure actions are equitable in nature, and that proceedings in equity are triable to the chancellor, Ross v.”
Green Mountain Bank v. Bruehl, 536 A.2d 554 (Vt. 1987). · cites it 7× “Tenants also maintain that 12 V.S.A. § 4523 should not apply herein because their lease “extension” relates back in time to the date of their execution of the original lease.”
Galesi v. United States, 406 F. Supp. 623 (D. Vt. 1976). · cites it 2× “12 V.S.A. § 4523 provides in part: (b) The plaintiff shall file a copy of the complaint in the town clerk’s office in each town where the mortgaged property is located.”
Taylor v. Vermont Hous. Fin. Agency (In Re Taylor), 286 B.R. 275 (D. Vt. 2002). “See generally 12 V.S.A. §§ 4523, et seq. Vermont is one of only two states where strict foreclosure, as opposed to a foreclosure sale, is the normal method of foreclosure.”
Tatko v. Donahue (In Re Donahue), 232 B.R. 610 (D. Vt. 1999). “12 V.S.A. § 4523. See Galesi v. United States, 406 F.”
In Re Harlow, 13 B.R. 475 (Bankr. D. Vt. 1981). “See 12 V.S.A. § 4523 under which actions to foreclose a mortgage shall be brought before the county court (now superior court) of the county where the land lies with all proceedings to be held before the presiding judge alone, (subsections a and c).”
Denlinger v. Mudgett, 559 A.2d 661 (Vt. 1989). “Defendants appeal arguing (1) that the trial court erred when it found defendants liable for the misrepresentation of their broker, and (2) that the superior court, composed of the presiding judge and two assistant judges, was improperly constituted under 12 V.”
Schott v. Baker, 326 A.2d 157 (Vt. 1974). “Insofar as they may have any interest at all in the property, the situation of the Schiessls falls within the statutory language of 12 V.S.A. § 4523(b), binding persons who acquire their interest between the time of filing the copy of the petition for foreclosure with the town…”
First Nat'l Bank v. Avtek, Inc., 360 A.2d 80 (Vt. 1976). “12 V.S.A. § 4523(a). The State argues that its counterclaim is also a local action, under 32 V.”
Show all 16 citing cases →
— Vt. Stat. Ann. tit. 12, § 4523(a) — 1 case
First Nat'l Bank v. Avtek, Inc., 360 A.2d 80 (Vt. 1976). “12 V.S.A. § 4523(a). The State argues that its counterclaim is also a local action, under 32 V.”
— Vt. Stat. Ann. tit. 12, § 4523(b) — 6 cases
Vermont Tenants, Inc. v. Vermont Hous. Fin. Agency, 742 A.2d 745 (Vt. 1999). “Without further notice or service, those persons shall be bound by the power of sale and the foreclosure deed and shall be foreclosed from all rights or equity in the mortgaged property.”
Mortg. Lenders Network, USA v. Sensenich, 873 A.2d 892 (Vt. 2004). “It does not necessarily follow, however, that the filing of a foreclosure complaint pursuant to 12 V.S.A. § 4523(b) would not provide constructive notice of an equitable mortgage claim to subsequent purchasers, including the bankruptcy trustee.”
Green Mountain Bank v. Bruehl, 536 A.2d 554 (Vt. 1987). “Tenants also maintain that 12 V.S.A. § 4523 should not apply herein because their lease “extension” relates back in time to the date of their execution of the original lease.”
Galesi v. United States, 406 F. Supp. 623 (D. Vt. 1976). “12 V.S.A. § 4523 provides in part: (b) The plaintiff shall file a copy of the complaint in the town clerk’s office in each town where the mortgaged property is located.”
Schott v. Baker, 326 A.2d 157 (Vt. 1974). “Insofar as they may have any interest at all in the property, the situation of the Schiessls falls within the statutory language of 12 V.S.A. § 4523(b), binding persons who acquire their interest between the time of filing the copy of the petition for foreclosure with the town…”
— Vt. Stat. Ann. tit. 12, § 4523(c) — 3 cases
Quazzo v. Quazzo, 386 A.2d 638 (Vt. 1978). “Appellant’s second assignment of error is based upon 12 V.S.A. § 4523(c). Referring to foreclosure actions, that subsection states that “[a] 11 proceedings shall be before the presiding judge alone, and trial shall be without jury.”
Merchants Bank v. Thibodeau, 465 A.2d 258 (Vt. 1983). “” 12 V.S.A. § 4523 (c). This statute merely codifies the common law that foreclosure actions are equitable in nature, and that proceedings in equity are triable to the chancellor, Ross v.”
Denlinger v. Mudgett, 559 A.2d 661 (Vt. 1989). “Defendants appeal arguing (1) that the trial court erred when it found defendants liable for the misrepresentation of their broker, and (2) that the superior court, composed of the presiding judge and two assistant judges, was improperly constituted under 12 V.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.