Cenlar FSB v. Joseph L. Malenfant, Jr. and Laurie G. Malenfant

Dooley, J.,

¶ 44. dissenting. I agree with the majority that the trial court was correct to conclude that the May 2009 foreclosure judgment was vacated by the November 2010 dismissal of the first foreclosure action. However, I cannot agree with their answer to the “central question” of this case; that is, whether subsequent claims for default on a note are permissible when a lender has previously accelerated a borrower’s repayment obligations, brought suit for the entire amount due on the note, failed to prosecute the action, and had it dismissed with prejudice. Ante, ¶ 18. Because any answer…