Cenlar FSB v. Joseph L. Malenfant, Jr. and Laurie G. Malenfant

¶ 1. This case calls upon us to solve a procedural puzzle involving successive foreclosure actions on the same note. In particular, this case raises the question: What is the impact of a court’s dismissal with prejudice of a lender’s claim on a promissory note and accompanying foreclosure action with respect to the lender’s ability to bring a subsequent claim for default on the note?

¶2. Lender appeals a judgment for borrowers in lender’s second action for a judgment on the note and foreclosure, after the first was dismissed with prejudice. Lender argues that the first dismissal cannot be…