Amicus Invitation: http://www.courts.maine.gov/maine_courts/supreme/amicus_invites/deschaine_notice.pdf
Fannie Mae Brief: http://www.courts.maine.gov/maine_courts/supreme/amicus_invites/deschaine_appellant_brief.pdf
MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 2017 ME 190
Argued: May 12, 2017
Decided: September 7, 2017
Panel: ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.
FEDERAL NATIONAL MORTGAGE ASSOCIATION
PATRICIA W. DESCHAINE et al.
[¶37] In sum, based on the application of the principles articulated in
Johnson to the undisputed facts of this case, Fannie Mae’s 2013 foreclosure
complaint is barred by the judgment dismissing with prejudice its
2011 complaint. The court therefore did not err by granting the Deschaines’
motion for summary judgment on Fannie Mae’s foreclosure complaint.
Additionally, because Fannie Mae is precluded from seeking to recover the
underlying debt on the note, the court did not err by concluding, based on
14 M.R.S. § 6206, that the Deschaines were, as a matter of law, entitled to a
judgment declaring that they hold title to the Lincoln property unencumbered
by the mortgage in favor of Fannie Mae.
The entry is: Judgment affirmed.
A review and retrospect by Retired Anonymous Real Estate Lawyer:
“The facts of this case are unique.
When Fannie’s original suit was dismissed, the suit was dismissed with prejudice. Whether the decision was correct or not then became irrelevant when Fannie did not appeal the decision thus leaving every issue in the case determined against them. The key words were dismissal with prejudice. Dismissals with prejudice are RARE – ESPECIALLY against semi government agencies.
However, as Fannie, choose to not appeal the dismissal with prejudice all its rights were terminated including the rights under the underlying mortgage – this effectively the entire loan transaction from the chain of title etc.
In the situation wherein the mortgage for some reason is invalid, the underlying mortgage note is still valid and can still be enforced. It is good to see a Court actually enforcing the law against a quasi government agency. Do not expect this to happen too often.
The Florida land cases of the year 2005 et al, are cases that should be examined by law enforcement. (In fact many were, but it was not politically correct to address them honestly and candidly – it exposed not only rampant fraud by lending institutions but by government regulators)
To understand the law, one must read 15 USCA 1701 et seq. and realize that Florida has a long history of INTERSTATE LAND FRAUD. Indeed, it is legend *****.
Starting with the Nixon Administration the government became enamored of mass home ownership. During the Clinton Administration an effort was made by government regulators to obviate any financial criteria for obtaining a loan. Banks were encouraged to make loans to totally unqualified applicants and of course foreclosures were anticipated. Quasi government agencies recognizing that there was going to be a piper to be paid, cut back on sale of bundled mortgages as the investment community was more astute than the general public and actually read the prospective that was submitted with every investment.
The government regulators put more and more pressure on the Banks to make improper loans reasonably calculated to fail, and offered cash incentives. In addition clout heavy developers found that with the use of appraisals that were as accurate as three dollar bills they could not only get government funds, but, they could sell condominiums a 300=400% of value. Banks used various devices to address the worthless loans, but the most common was to bundle the mortgages and sell the bundle to the public. The Clinton SEC actually wrote me a letter telling me that they had no jurisdiction over these securities.
The hype in the condominium sales, especially in Florida, was incredible and people who should have known better were sucked into the fray with promises of unlimited profits. It is an embarrassment to indicate or even suggest the names of some of the victims. Almost zero percent employed attorneys in regard to their condominium investments.
Naturally the market collapsed – in Florida and California long before the rest of the US. The collapse of the market was not subtle, however, I received a flood of cases. As every purchase was less than a year old, we sent out mass rescissions as provided for in the act. The Banks became hysterical as did the developer. The FBI, the IRS, and FDIC joined in the fray; however, the Political elite became hysterical. Florida judges were ordered to ignore 15 USCA 1701 and its provisions and foreclosures commenced. The legal community was very unhappy but the honesty of the FBI, IRS, and FDIC agents made political correctness very difficult and 99% of my clients escaped the high handed collection methods employed by the criminals who populate the lending community, but, stories abound.
The politically correct political elite escaped and more frauds have occurred and are still occurring. It is nice to know that some judges (such as the judge who entered the dismissal with prejudice) have the integrity to remember the doctrine of UNCLEAN HANDS! (I spent years fighting these bastards)”
Opinions expressed are the author’s and do not necessarily represent the position of The Gallant Goose & Friends.
Thank you all for your past listenership and support… We look forward to your comments…
Till next time… keep learning, stay enthusiastic and positive and best of luck to each of you in your personal journey!
Greg ‘da Goose & The Team at The Gallant Goose & Friends
or “like” us on our Facebook page at: https://www.facebook.com/profile.php?id=100011445285616
Note: If you received this via email, you are invited to find it again as a post on our blog at www.gallantgoose.com
Please consider registering as a user on the blog as an alternative to emails – which should allow you to add comments.
Are you tired of watching bankers, corporations, municipalities and others running over you like a small speed-bump?
Realize you are as powerful as the tools you master; So don’t forget to check out some of those valuable tools here at…
OWN THE JUDGE
Are bill collectors or court cases messing with your credit score or causing credit damage?
go to www.FixMyReport.com
fast… easy… final
Disclaimer: The author is not an attorney, CPA or licensed consumer services professional. Neither this article, other writings or the “The Gallant Goose & Friends” internet radio show constitute legal, accounting or any other state licensed service advice. The opinions expressed are solely those of the author or guests. All information is for educational and entertainment purposes only. Contact a licensed professional in your area for legal or accounting advice.
“How to Win in Court” and “Fix My Report” are sponsors of The Gallant Goose TM.
Original Work © 2016-2017 GallantGoose.com & The Gallant Goose (TM), All Rights Reserved. Duplication rights granted under “Fair Use Doctrine” non-profit & educational use only. Referenced work of others is the copyright property of the respective authors or their heirs or assigns.
*VOID WHERE PROHIBITED BY LAW*