U.S. Bank Trust, N.A. v. Mackenzie

[¶1] In this foreclosure action brought by U.S. Bank Trust, N.A., as Trustee for *268LSF8 Master Participation Trust (the Bank), Bevin L. (Hooper) Mackenzie—the mortgagor—moved for summary judgment on the ground that, inter alia, the requisite notices of default and right to cure were deficient. Although the District Court (Lewiston, Dow, J.) agreed with Mackenzie’s contention, it entered an order dismissing the complaint without prejudice, expressly reserving to the Bank the right to commence a new action if it were to issue a statutorily compliant notice of default and right to cure. On this…