U.S. Bank v. Lowell

Opinion

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION DOCKET NO. RE-17-256 ./ U.S. BANK, NA.,

Plaintiff STATE OF MAINE V. Cumbe1fanrl ~... Clerk's Office ORDER ON DEFENDANT'S MOTION ~ :i,1.6' i.Uld FOR SUMMARY JUDGMENT PENNY LOWELL, Jfl :J./ePfl\ Defendant RECEIVED Before the court is defendant's motion for summary judgment. Plaintiff filed no objection.

In 2011, plaintiff filed a foreclosure complaint involving the same parties, real property, note,

mortgage, and alleged default. (POR-SC-RE-11-606 Compl. !! 1-11; CUM-RE-17-256 Compl.

!! 1-15.) Based on defendant's submissions, the court concludes that this second foreclosure

action is barred by the judgment dated March 4, 2014 in favor of defendant in the first case. See

Pushard v. Bank of Am .• N.A., 2017 ME 230, !! 31-32, 175 A.3d 103; Fannie Mae v. Deschaine,

2017 ME 190, !! 22-23, 170 A.3d 230; Johnson v. Sarrison Constr. Corp., 1997 ME 220, !'16-8,

704 A.2d 866.

The entry is

Judgment is entered in favor of Defendant, Penny Lowell, and against Plaintiff, U.S. Bank, N.A., on Plaintiff's Complaint. Within 30 days of the date of this order, Defendant will file an affidavit of attorney's fees and court costs incurred in defending against this foreclosure complaint. 14 M.R.S. § 6101 (2017).

t

Date: June 26, 2018 ncy Mills Justice, Superio1

Entered on the Docket: ·.-.· .,.~/ 1 f 1