Opinion
SUPERIOR COURT CIVIL ACTION DOCKET NO. RE-17-256
06-26-2018
U.S. BANK, N.A., Plaintiff v. PENNY LOWELL, Defendant
STATE OF MAINE
CUMBERLAND, ss ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
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. Samson Constr. Corp., 1997 ME 220, ¶¶ 6-8, 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).Date: June 26, 2018
/s/_________
Nancy Mills
Justice, Superior Court Entered on the Docket: 6/27/18