Free House?? Federal National Mortgage Association v. Deschaine | The superior court granted the Deschaines' motion for summary judgment on the complaint. The Supreme Judicial Court affirmed, holding that this second foreclosure claim was precluded by principles of res judicata.

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Free House?? Federal National Mortgage Association v. Deschaine | The superior court granted the Deschaines’ motion for summary judgment on the complaint. The Supreme Judicial Court affirmed, holding that this second foreclosure claim was precluded by principles of res judicata.

Free House?? Federal National Mortgage Association v. Deschaine | The superior court granted the Deschaines’ motion for summary judgment on the complaint. The Supreme Judicial Court affirmed, holding that this second foreclosure claim was precluded by principles of res judicata.

Federal National Mortgage Association v. Deschaine

Court: Maine Supreme Judicial Court

Citation: 2017 ME 190

Opinion Date: September 7, 2017

Judge: Hjelm

Areas of Law: Real Estate & Property Law

The Supreme Judicial Court affirmed the judgment of the superior court concluding that the second foreclosure action filed by the Federal National Mortgage Association (Fannie Mae) against Patricia and Paul Deschaine was barred as a matter of law by the judgment dismissing with prejudice Fannie Mae’s earlier foreclosure action against the Deschaines. The first foreclosure action was dismissed with prejudice because the parties failed to comply with the court’s pretrial order. The judgment later became final. The next year, Fannie Mae filed its second complaint for foreclosure involving the same property and based on the same note and mortgage. The superior court granted the Deschaines’ motion for summary judgment on the complaint. The Supreme Judicial Court affirmed, holding that this second foreclosure claim was precluded by principles of res judicata.

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