justia.com | September 22, 2015
|Court: Maine Supreme Judicial Court Citation: 2015 ME 127
||Opinion Date: September 22, 2015
|Areas of Law: Banking, Civil Rights, Real Estate & Property Law
BAC Home Loans Servicing, LP filed a complaint for foreclosure against Scott and Kristina Greenleaf. Bank of America, N.A. (the Bank) was substituted for BAC after the entities merged. After a trial, the court entered a judgment of foreclosure in favor of the Bank. The Supreme Judicial Court vacated the judgment based on the Bank’s lack of standing. On remand, the district court dismissed without prejudice the action due to the Bank’s standing defect. Scott appealed, arguing that the court was compelled to enter judgment in his favor because the Court vacated the Bank’s judgment after a completed trial. The Supreme Judicial Court affirmed, holding that, under the circumstances of this case, the district court properly disposed of the case by entering a 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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