Casco Northern Bank, N.A. v. Pearl

GLASSMAN, Justice.

The defendants, Robert C. Pearl and Cathryn M. Pearl, appeal from the summary judgment entered by the Superior Court (Cumberland County, Alexander, J.) for the plaintiff, Casco Northern Bank, N.A. (the Bank), in its action to foreclose, pursuant to 14 M.R.S.A. §§ 6321-6325 (1980 & Supp.1990), on several mortgages it held on property owned by the Pearls. The Pearls contend that the court erred in granting the Bank’s motion for a summary judgment because genuine issues of material fact remained on the Pearls’ affirmative defense that the Bank had breached its fiduciary duty as…