United States District Court, D. Maine
ORDER GRANTING MOTION TO AMEND COMPLAINT
A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE
plaintiff moves to amend its foreclosure complaint against a
defendant to comply with the requirements of 14 M.R.S. §
6321. The Court grants the motion.
National Mortgage Association (Federal National) filed a
complaint in this Court on September 12, 2018, bringing an
action for foreclosure on a residential mortgage.
Compl. (ECF No. 1). Federal National filed a number
of exhibits in an attempt to demonstrate its compliance with
Maine foreclosure laws pursuant to section 6111 and section
6321. Id. Attach. 1, Ex. A Legal
Description; Attach. 2, Ex. B Note; Attach. 3,
Ex. C Mortgage; Attach. 4, Ex. D Loan
Modification Agreement; Attach. 5, Ex. E Assignment
of Mortgage; Attach. 6, Ex. F. Demand Letter
(Demand Letter); Attach. 7, Ex. G Certificate of
Mailing; Attach. 8, Ex. H Military statement.
On February 1, 2019, Federal National filed a motion for
entry of default against Ms. Wilson. Mot. for Entry of
Default (ECF No. 7). Then, on February 5, 2019, Federal
National moved for default judgment. Mot. for Default
J. (ECF No. 9) (Mot. for Default J.).
Order Deferring Ruling on Plaintiff's Motion for Default
Court issued an order on February 11, 2019, deferring ruling
on Federal National's motion for default judgment and
allowing it to request a hearing on the motion. Order on
Mot. for Default J. at 4 (ECF No. 10). In its order, the
Court noted its concern that two requirements of Maine's
foreclosure statute may not be met in the Plaintiff's
Notice of Cure and the Complaint. Id. at 3-4. First,
“[t]he Notice of Default and Right to Cure does not
include interest in its itemized list of past due amounts in
accordance with § 6111.” Id. at 4 (citing
Demand Letter at 3). Second, the Court noted,
Maine law requires that the “complaint must . . .
describe the mortgaged premises intelligibly, including the
street address of the mortgaged premises, if any, which must
be prominently stated in the first page of the
complaint”, 14 M.R.S. § 6321, . . . [h]ere, the
street address of the mortgaged property does not appear
until the second page of the Complaint.
Hearing on Federal National Mortgage's Motion for Default
Federal National's request, a hearing on its motion for
default judgment was held on March 25, 2019. Min.
Entry (ECF No. 14). During the hearing, the Court gave
Federal National an opportunity to respond to the Court's
preliminary determination that the notice of cure and the
complaint failed to meet the requirements of sections 6231
its apparent failure to include the address of the mortgaged
residence on the first page of the Complaint, as required by
section 6321, the Plaintiff conceded the mistake and asked
the Court for leave to determine whether it preferred to move
to amend or voluntarily dismiss the complaint and re-file.
The Court agreed.
response to the Court's initial conclusion that Federal
National did not include “reasonable interest and late
charges specified in the mortgage, ” in the right to
cure notice it provided to Ms. Wilson, Federal National
acknowledged that the itemized cure amount it attached to the
letter does not list the interest owed by Ms. Wilson, in
contradiction to the language of its demand letter, which
states, “[a]n itemization of the Cure amount, including
amounts of past due principal and interest, as well as fees,
costs, and all charges required to cure the default is
attached to this letter[.]” Demand Letter at
1, 3. Federal National argued that section 6111(1-A), which
lists the required contents of the notice, does not include
interest and late charges associated with the mortgage. It
contended that section 6111(1), which requires written notice
be provided to the mortgager that “the mortgager has
the right to cure the default by full payment of all amounts
that are due without acceleration, including reasonable
interest and late charges specified in the mortgage or note
as well as reasonable attorney's fees” does not
refer to the required contents of the notice listed in
section 1-A of the statute.
Motion to Amend Complaint
Federal National moved to amend the Complaint on March 29,
2019. Mot. to Amend Compl. (ECF No. 16)
(Pl.'s Mot. to Amend). Its Amended Complaint
corrects the defect in its original Complaint by listing the
street address of the mortgaged residence ...