Finch v. U.S. Bank, N.A.
Annotate this Case
In the case before the Maine Supreme Judicial Court, the dispute involved U.S. Bank, N.A. (the Bank) and Charles D. Finch. The Bank had a mortgage on Finch's property due to a loan he had taken out. When Finch defaulted on the loan, the Bank initiated foreclosure proceedings. However, the Superior Court ruled in favor of Finch, finding that the Bank's notice of default did not comply with the requirements of the Maine foreclosure statute, specifically 14 M.R.S. § 6111. Following this, Finch asked the court to rule that the Bank's mortgage was unenforceable and to order the Bank to discharge the mortgage. The court agreed with Finch, citing the Maine Supreme Judicial Court's decision in Pushard v. Bank of America.
The Bank appealed this decision, arguing that the Pushard decision should be overturned, and that even if it cannot foreclose on the property, it should not be required to discharge the mortgage.
The Maine Supreme Judicial Court, revisiting its decision in Pushard, determined that a lender cannot accelerate a loan balance or commence a foreclosure action without having the statutory and contractual right to do so. This effectively overruled the holding in Pushard that a lender could accelerate the note balance by filing a foreclosure action, even if they lacked the statutory right to do so.
The court found that when a lender fails to prove it has issued a valid notice of default or that the borrower breached the contract, the parties are returned to the positions they held before the filing of the action. Therefore, a subsequent foreclosure action based on a different notice of default and a different allegation of default would assert a different claim and would not be barred.
The court ultimately vacated the judgment requiring the Bank to discharge the mortgage and remanded the case for entry of a judgment in the Bank's favor on Finch's complaint. The judgment dismissing the Bank's unjust enrichment counterclaim was affirmed. The court concluded that while a lender must strictly comply with the statutory notice requirements in a foreclosure action, a borrower is not automatically entitled to a "free house" if the lender makes a mistake in the notice of default.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.