Maine National Bank v. F/v Explorer, Etc.

TIMBERS, Circuit Judge:

Appellant Grover Nix, the mortgagor of two ship mortgages, appeals from an order entered June 8, 1987 in the District of Maine, Gene Carter, District Judge, 633 F.Supp. 462, denying appellant’s motion to vacate the default judgment and foreclosure sale against his ship in favor of appel-lee Maine National Bank (the “Bank”), the mortgagee. On appeal, appellant contends (1) that the notice of the action which he received violated due process; and (2) that the judgment should be vacated because his failure to respond to the action was due to excusable neglect and he had…