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U.S. Bank Nat’l Ass’n v. Curit

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.



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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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