U.S. Bank Trust, N.A. v. Mackenzie

Bank brought this foreclosure action against Mortgagor. Mortgagor filed a motion for summary judgment, arguing that Bank’s notices of right to cure were deficient because they did not satisfy the requirements of Me. Rev. Stat. 14, 6111(1-A). The court concluded that the notice of right to cure did not comply with statutory requirements and dismissed the complaint without prejudice so that Bank could send notice in compliance with section 6111. The Supreme Judicial Court affirmed the dismissal of the complaint but remanded with instructions to correct the order so that it provides for a dismissal with prejudice, holding that the court erred by stating that the dismissal was without prejudice because the dismissal was an adjudication on the merits, and therefore, it was with prejudice. View "U.S. Bank Trust, N.A. v. Mackenzie" on Justia Law