Legal Opinion
Dupuis v. Federal Home Loan Mortgage Corp.
District Court, D. Maine
Decided January 9, 1995No. Civ. 93-299-P-HPublishedCited by 8 opinions
1Opinion of the Court
ORDER ON A STIPULATED RECORD
HORNBY, District Judge.
This case presents the always difficult question of which innocent party must bear the unavoidable consequences of a third party’s wrongful acts. Fidelity Guarantee Mortgage Corporation (“Fidelity”), the original lender, caused much of the loss underlying this lawsuit. Fidelity, however, has been adjudged bankrupt and is judgment proof. The loss, therefore, must fall on one of the two innocent parties to this suit, the borrower Margaret Dupuis or the purchaser of her note and mortgage in the secondary market, Federal Home Loan Mortgage…
2Cases cited12 opinions
- Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
- Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
- Unico v. OwenSupreme Court of New Jersey · 1967
- Mendrala v. Crown Mortgage Co.Court of Appeals for the Seventh Circuit · 1992
- Libby v. Concord General Mutual InsuranceSupreme Judicial Court of Maine · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Robert S. Frank v. Bear Stearns & Co.Court of Appeals for the Fifth Circuit · 1997
- Deerman v. Federal Home Loan Mortgage Corp.District Court, N.D. Alabama · 1997
- In Re DendyUnited States Bankruptcy Court, D. South Carolina · 2008
- Paslowski v. Standard Mortg. Corp. of GeorgiaDistrict Court, W.D. Pennsylvania · 2000
- James v. U.S. Bank National Ass'nDistrict Court, D. Maine · 2011
3 more not listed; retrieve them via the Exa API.