Legal Opinion
U.S. Bank, N.A. v. Sawyer
Supreme Judicial Court of Maine
Decided June 24, 2014No. Docket No. Cum-13-472PublishedCited by 6 opinions
1Opinion of the CourtMead, J.
[¶ 1] U.S. Bank N.A. (Bank) appeals from the judgment of the Superior Court (Cumberland County, Mills, J.) dismissing the Bank’s foreclosure complaint with prejudice. The Bank contends that the court abused its discretion in dismissing the complaint because there was no evidence of bad faith or of prejudice to the mortgagor, and because the sanction it imposed is too severe. We affirm the judgment.
I. BACKGROUND
[¶ 2] The following facts are taken from the unrebutted testimony of David and Debra Sawyer offered at the September 24, 2013, show cause hearing. See Theriault v. Murray, 625 A.2d 908,…
2Cases cited5 opinions
- Bayview Loan Servicing, LLC v. John H. BartlettSupreme Judicial Court of Maine · 2014
- Christine A. Murphy v. William E. BartlettSupreme Judicial Court of Maine · 2014
- Pelletier v. PelletierSupreme Judicial Court of Maine · 1991
- First Franklin Financial Corporation v. Jason L. GardnerSupreme Judicial Court of Maine · 2013
- Theriault v. MurraySupreme Judicial Court of Maine · 1993
3Cited by6 opinions
- Federal National Mortgage Association v. Patricia W. DeschaineSupreme Judicial Court of Maine · 2017
- Green Tree Servicing, LLC v. CopeSupreme Judicial Court of Maine · 2017
- U.S. Bank National Ass'n v. ManningSupreme Judicial Court of Maine · 2014
- Federal National Mortgage Association v. Patricia W. DeschaineSupreme Judicial Court of Maine · 2017
- Green Tree Servicing, LLC v. Thelma J. CopeSupreme Judicial Court of Maine · 2017
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