Free Press Online-
Last month, the Maine Supreme Court issued a stunning rebuke to national mortgage companies that have flagrantly committed fraud and abuse against homeowners across the state. In its groundbreaking decision, the state’s highest court ruled in the case Federal National Mortgage Association (Fannie Mae) v. Deschaine that the governmentbacked mortgager Fannie Mae is barred from bringing another foreclosure suit against Patricia and Paul Deschaine of Lincoln after a lower court dismissed its previous foreclosure action “with prejudice” for failing to comply with a court order to file witness and exhibit lists.
That ruling will have a major impact on other pending foreclosure cases, says homeowner defense attorney Tom Cox of the group Maine Attorneys Saving Homes. Cox says he and another attorney intend to use the decision to appeal a dozen foreclosure cases, which will entail filing a “quiet title” action to assert that the proper owners of the properties are the occupants and not the former mortgage holders.
“I’m sitting on 8 to 10 case files right now where there have been either defense judgements for homeowners or they have been dismissals with prejudice,” said Cox, who filed an amicus brief in FNMA v. Deschaine. “Suddenly those are now affected by this decision. Any lawyer who is reasonably astute should be able to take that Deschaine decision and use it to go to court and bring a quiet title action.”
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