Wells Fargo Bank, N.A. v. Girouard
Annotate this CaseDefendants executed a note and mortgage deed in favor of a third party, and after several transactions, all rights created by the instruments were assigned to Wells Fargo Bank, N.A. Defendants later defaulted, and Wells Fargo initiated this action for foreclosure. Defendants moved for summary judgment, asserting that the notice of default issued by Wells Fargo did not comply with Me. Rev. Stat. 14, 6111. The district court granted Defendants’ motion and entered summary judgment for them. In that same order, the court dismissed the foreclosure action without prejudice. The court then amended its previous order so that summary judgment was granted “in part.” The Supreme Judicial Court vacated the court’s orders of partial summary judgment and dismissal of the foreclosure action, holding that the trial court erred by granting less than full summary judgment and by dismissing the foreclosure action without prejudice. Remanded for reinstatement of the initial entry of full summary judgment in favor of Defendants.
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