Supreme Court of Vermont June 28, 2002, 00-545 (Huntington v. McCarty)

Amestoy, C.J.

Defendant Patricia Raitt Baker appeals an Orange Superior Court order denying her motion to dismiss a foreclosure action filed by plaintiff George Huntington. On appeal, this Court is asked to determine whether an enforceable mortgage debt can survive when the statute of limitations has run on the underlying promissory note and what remedy, if any, the mortgagee retains. We affirm.