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Wells Fargo Bank N.A. v. White

Superior Court of Maine, Cumberland

September 5, 2014

WELLS FARGO BANK, N.A., As Trustee, Plaintiff
v.
BRADFORD WHITE, et al., Defendant

ORDER

Thomas D. Warren, Justice

In light of the Law Court's decision in Bank of America v. Greenleaf, 2014 ME 89, the court will grant defendant's motion for reconsideration and will enter judgment for defendant on the ground that the notice of default and right to cure letter sent to White on November 17, 2010 (Plaintiff's Ex. 6) did not comply with 14 M.R.S. § 6111 as interpreted in Greenleaf. 2014 ME 89 ¶ ¶ 29-31.

In addition, the court observes that there is some difficulty in upholding a foreclosure based on terms which are not contained in the mortgage but which were retroactively established by the court when it limited the application of certain terms of the mortgage to avoid an unconscionable result.

The entry shall be:

Defendant's motion for reconsideration is granted and judgment will be entered for defendant on the ground that the notice of default and right to cure letter sent to White on November 17, 2010 did not comply with 14 M.R.S. § 6111. The Clerk is directed to incorporate this order in the docket by reference pursuant to Rule 79(a).


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