U.S. Bank Trust, N.A. v. Jones
District Court, D. Maine
1Opinion of the Court
JOHN A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE
A lender seeks to foreclose after a borrower defaulted on her loan payments. Because the right to cure letter overstated the amount that the borrower had to pay in order to cure her default and Maine law requires strict adherence to all statutory foreclosure requirements, including an accurate itemization of all past due amounts that caused the loan to be in default and the total amount due to cure the default, the lender is not entitled to foreclose on the property. However, the same fatal error does not apply with the lender's lawsuit on…
2Cases cited24 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. Arthur L. Doe, A/K/A "Butchy"Court of Appeals for the First Circuit · 1992
- Waldo G. Vazquez v. Carlos Lopez-RosarioCourt of Appeals for the First Circuit · 1998
- Downey v. Bob's Discount Furniture Holdings, Inc.Court of Appeals for the First Circuit · 2011
- United States v. Craig Lee ChildsCourt of Appeals for the Ninth Circuit · 1993
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3Cited by14 opinions
- U.S. Bank Trust, N.A. v. JonesCourt of Appeals for the First Circuit · 2019
- The Bank of New York Mellon v. Danielle ShoneSupreme Judicial Court of Maine · 2020
- Wilmington Sav. Fund Soc'y, FSB v. NeedhamSupreme Judicial Court of Maine · 2019
- Wilmington Savings Fund Society, FSB v. Matthew J. NeedhamSupreme Judicial Court of Maine · 2019
- J.P. Morgan Acquisition Corp. v. Camille J. MoultonSupreme Judicial Court of Maine · 2024
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