Janusz v. Bacon
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The Supreme Judicial Court vacated the judgment of foreclosure and order of sale entered by the district court in favor of Plaintiffs on their complaint for residential foreclosure, holding that Plaintiffs failed to establish each statutory requirement for summary judgment of foreclosure as outlined in Me. R. Civ. P. 56(j).
When a case is in the Foreclosure Division Program, as was the instant case, one statutory requirement that must be established by the movant is completion of mediation. On appeal, Defendant argued that Plaintiffs did not prove that mediation was completed, as required by statute, and that vacatur was required. The Supreme Judicial Court vacated the judgment below, holding that summary judgment was error because it was apparent from the court record that mediation had not been completed.
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