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Kittery Point Partners, LLC v. Bayview Loan Servicing, LLC

Supreme Court of Maine

March 15, 2018

KITTERY POINT PARTNERS, LLC
v.
BAYVIEW LOAN SERVICING, LLC, et al.

          Argued: February 14, 2018

          Clifford H. Ruprecht, Esq. (orally), Roach, Hewitt, Ruprecht, Sanchez & Bischoff, P.C., Portland, for appellant Kittery Point Partners, LLC

          Andrew W. Sparks, Esq. (orally), and Misha C. Pride, Esq., Drummond & Drummond, LLP, Portland, for appellee Bayview Loan Servicing, LLC

          Panel: ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          GORMAN, J.

         [¶l] Kittery Point Partners, LLC (KPP) appeals from a partial summary judgment entered by the Superior Court (York County, Douglas, J.) in favor of Bayview Loan Servicing, LLC and M&T Mortgage Corporation. KPP challenges the court's grant of summary judgment in favor of Bayview and M&T and alleges that disputed issues of material fact remain. Because we conclude that the judgment that KPP appeals from is not a final judgment, we dismiss the appeal as interlocutory and do not reach the merits.

         I. BACKGROUND

         [¶2] This case concerns a property located in Kittery Point within the Town of Kittery. The individuals who previously owned the property (the family) deeded title to it to KPP in 2005. KPP executed a promissory note and mortgage for the property, and those were assigned to Bayview in June of 2005.

         [¶3] In 2008, KPP stopped making loan payments and Bayview instituted a foreclosure action in the Superior Court (York County). In February of 2009, one of the family members, acting on behalf of KPP, signed a delinquency repayment agreement with Bayview. In the delinquency repayment agreement, KPP released Bayview from "any and all claims" associated with the note and mortgage. Bayview voluntarily dismissed the foreclosure action pursuant to the delinquency repayment agreement in April of 2010. M.R. Civ. P. 41(a).

         [¶4] In August of 2011, KPP filed a complaint against Bayview, M&T, [1] and a third defendant-a former member of KPP-in the Superior Court (York County). The complaint sought a declaratory judgment that the promissory note and the mortgage securing it are invalid and also sought the recovery of sums paid on the note. Although the third defendant initially responded to the complaint, he has otherwise been nonresponsive to the lawsuit.

         [¶5] An extremely lengthy discovery process ensued. In February of 2016, Bayview and M&T filed a motion for summary judgment, which KPP opposed. After a hearing, the court ordered entry of a partial summary judgment in favor of Bayview and M&T on November 30, 2016. In its order the court stated:

This judgment is final as to claims between plaintiff KPP and defendants/counterclaimants Bayview Loan Servicing and M&T Mortgage Corporation. There is no just reason for delay in entering final judgment as to those parties. To the extent that any claims against [the third defendant] remain unresolved, the adjudication of those issues are not necessary to the resolution of claims between KPP and Bayview and M&T and do not prevent the entry of final judgment.

         KPP timely appeals.[2] 14 M.R.S. ยง 1851 (2017); M.R. App. ...


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