As I am on the road, I will limit my comments.
see Cenlar FSB v. Joseph L. Malenfant FREE HOUSE Cenlar FSB v. Joseph L. Malenfant 2016-2015-vt-93
The dissenting justice gets it right. In essence he is saying that it isn’t the borrower’s fault that these files, these loans, these documents are all screwed up and that if that produces a loss for the bank then so be it. But more than that he says outright what nobody on the bench has been willing to say — compared with the importance of the rule of law, what is so bad about a free house to the borrower after the “lender” has lost?
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