Pushard v. Bank of America N.A.

In this appeal arising from a foreclosure action, the Supreme Judicial Court vacated the judgment in favor of Bank on Plaintiffs’ claim for declaratory relief and remanded the case for entry of summary judgment in favor of Plaintiffs on that claim.Plaintiffs filed claims against Bank for declaratory and injunctive relief, slander of title, and damages pursuant to Me. Rev. Stat. 33, 551. The business and consumer docket entered judgment in favor of Bank. The Supreme Judicial Court affirmed in part and vacated in part, holding (1) Plaintiffs’ claims presented a justiciable controversy; (2) the trial court did not err by granting Bank’s motion for summary judgment on Plaintiffs’ section 551 claim or slander-of-title claim; but (3) Plaintiffs were entitled, as a matter of law, to the declaratory relief they sought. View "Pushard v. Bank of America N.A." on Justia Law