USFN submits amicus curiae brief in the case of J.P. Morgan Acquisition Corp. v. Camille Moulton.

Pursuant to the Maine Supreme Court’s invitation to submit amicus briefs ,the USFN was proud to submit a brief outlining the industry’s position and hopefully taking a big step toward reversing the State of Maine’s “Free House” trend.

The Court invited the submission of briefs on the questions of whether they should reconsider that a lender’s failure to comply with 14 MRSA 6111 renders the note and mortgage unenforceable as well as whether they should repuditate the language in Fed. Natl Mortg. Assn v. Deschaine, 2017 ME 190, ¶ 37, 170 A.3d 230, and Pushard v. Bank of. Am., N.A., 2017 ME 230, ¶ 36, 175 A.3d 103 ordering that a failed foreclosure action barring a second foreclosure action on res judicata principles entitles the borrower to a discharge of the mortgage and title to the mortgaged property.

This case represents a potentially significant development in Maine foreclosure. Read USFN's Amicus Brief here.