Reagan v. Racal Mortgage, Inc.

WATHEN, Chief Justice.

[¶ 1] Following defendants’ appeal to the First Circuit Court of Appeals from summary judgments entered in the United States District Court for the District of Maine (Carter, J. ), the First Circuit, pursuant to 4 M.R.S.A § 57 (1989) and M.R.Civ.P. 76B, certified to us the following questions of Maine law:(1) For purposes of Me.Rev.Stat.Ann. tit. 1, § 302, does a violation of Maine Consumer Credit Code section 9-405(4) constitute a “penalty” incurred at the moment the violation occurred?(2) If the answer to Question 1 is no, do the 1994 amendments to the Maine Consumer…