Wilmington Savings Fund Society, FSB v. NeedhamAnnotate this Case
The Supreme Judicial Court vacated the judgment of the superior court in favor of Matthew Needham on a foreclosure complaint filed by Wilmington Savings Fund Society as Trustee for Hilldale Trust (Wilmington) and remanded the matter for entry of judgment for Wilmington, holding a mortgagee may delegate to an agent its duty to provide a notice of the right to cure pursuant to Me. Rev. Stat. 14, 6111(1).
After Needham defaulted on his loan, loan servicer BSI Financial Services sent Needham a notice of the right to cure on behalf of Ventures Trust, the then-holder of the note and mortgage. Thereafter, Ventures Trust filed a foreclosure complaint. Wilmington, which was assigned the mortgage and note, was subsequently substituted as Plaintiff. The trial court entered judgment for Needham, concluding that because the notice was sent by the loan servicer rather than the mortgagee, the notice was insufficient to satisfy the requirements of section 6111. The Supreme Judicial Court disagreed, holding that neither the mortgage contract nor Me. Rev. Stat. 6111(1) prohibited the mortgagee from delegating to an agent loan servicer its duty to give a notice of the right to cure to Needham.