Atlantic Oceanic Kampgrounds, Inc. v. Camden National Bank

GLASSMAN, Justice,

with whom ROBERTS, J., joins, concurring.

I cannot join in the analysis the majority employs in holding 14 M.R.S.A. § 6204-A does not oblige a holder of a real estate mortgage to render the surplus from a post-foreclosure sale of the mortgaged property to the mortgagor or his heirs, successors, or assignees. Because, however, application of section 6204-A in the instant case would constitute an unconstitutional impairment of the mortgage contract before us, I concur in the majority’s result.

Repeatedly, this court has unequivocally declared that the plain meaning of a statute…