justia.com | January 22, 2016
|Court: Maine Supreme Judicial Court Citation: 2016 ME 17
||Opinion Date: January 21, 2016
|Areas of Law: Banking, Civil Procedure, Real Estate & Property Law
Defendants defaulted on their mortgage, and U.S. Bank filed a complaint for foreclosure. Following the Supreme Judicial Court’s decision in Bank of America, N.A. v. Greenleaf, the Bank filed a motion to voluntarily dismiss the foreclosure action without prejudice, arguing that it could not proceed with the foreclosure because it did not have a mortgage assignment from the original lender and thus did not have standing to pursue the action. Defendants countered that the motion should be dismissed with prejudice so that they could be awarded attorney fees. The trial court granted the Bank’s motion but dismissed the case with prejudice. The court subsequently issued a correction of the record stating that the dismissal of the Bank’s action was without prejudice. The Supreme Judicial Court vacated the judgment of dismissal with prejudice and subsequent judgment of dismissal without prejudice, holding that the trial court erred in dismissing the Bank’s action with prejudice and did not have authority under the circumstances to change that outcome to a dismissal without prejudice. Remanded for the entry of judgment of dismissal without prejudice.
Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager
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