World Business Lenders, LLC v. Ten Seven, LLC

• Court: Superior Court of Maine
• Decided: March 9, 2017
• Docket: YORre-16-0046
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT YORK,SS. Civil Action Docket No. RE-16-0046

WORLD BUSINESS LENDERS, LLC,

Plaintiff,

V.

TEN SEVEN, LLC, DIMITRI J. BOURAS, as Trustee of the 222 Elm Street Realty ORDER Trust and Individually,

Defendants,

and

DELTA REALTY, LLC,

Parties-in-Interest.

This matter came before the court on March 8, 2017 on Plaintiff World Business

Lenders, LLC's motion for summary judgment pursuant to M.R. Civ. P. 56. The motion

seeks a judgment against Defendants for amounts due on a promissory note and for

foreclosure of two mortgages. One of the mortgages that Plaintiff seeks to foreclose

involves Defendant Dimitri Bouras's primary residence in Kennebunkport ("Grier

Street Property").

A plaintiff commencing an action to foreclose a mortgage on the primary

residence of an owner-occupant is required to attach a form notice to the front of the

1 1 complaint that includes a description of the foreclosure mediation program. 14 M.R.S

§6321-A(2). When a defendant returns the notice or "otherwise requests mediation or

makes an appearance in a foreclosure action, the court shall refer the plaintiff and

defendant to mediation pursuant to this section." 14 M.R.S. § 6321-A(6) (emphasis

added.)

It does not appear that a notice was sent to or received from Defendant Bouras.

He has appeared in this action. The parties have not yet been referred to or engaged in

mediation as to the residential mortgage. Plaintiff has not requested an exemption

under M.R. Civ. P. 93(d)(2) for filing dispositiv~ motions.

Therefore, ruling on Plaintiff's motion for summary judgment is deferred

pending commencement and completion of mediation m the Foreclosure

Mediation/Diversion Program with respect to the Grier Street Property.2 Counsel for

Defendant Bouras shall contact the clerk and make arrangements for mediation at

Springvale District Court. Each party and counsel shall attend mediation and shall

make a good faith effort to mediate all issues relating to the Grier Street Property as

well as all related issues in this case. If any party or attorney fails to attend or mediate

in good faith, the court may impose appropriate sanctions. 14 M.R.S. § 6321-A(12).

If this matter remains unresolved after the completion of mediation, or if

outstanding issues remain following completion of mediation, parties shall notify the

court in writing of the status of this matter and request appropriate relief and/ or a

1 Compliance the provisions of 14 M.R.S. § 6111 is not required in this matter as the mortgage does not secure "a loan for personal, family or household use." See David Bordetsky v. JAK Realty Trust, 2017 ME 42, _A.3d_. 2 The court also defers ruling on the other issues presented by the motion for summary judgment until mediation is co~pleted.

2 further hearing if necessary.

The clerk may incorporate this order on the docket by reference pursuant to Rule

79(a).

SO ORDERED.

Dated: March 9, 2017

3 RE-16-46

ATTORNEYS FOR PLAINTIFF: DANIEL CUMMINGS CHRISTOPHER LANE BROOKS NORMAN HANSON & DETROY LLC P OBOX4600 PORTLAND ME 04112

ATTORNEY FOR DEFENDANTS: ANDREW KULL MITTEL ASSEN LLC 85 EXCHANGE ST 4TH FLOOR PORTLAND ME 04101

ATTORNEY FOR PARTY-IN-INTEREST: NICHOLAS MORRILL JENSEN BAIRD POBOX45IO PORTLAND ME 04112