The Maine Supreme Court has finalized my foreclosure case….in MY favor…citing ” that the administration of justice outweighs the important interest in finality of litigation”!
Imagine that…a court putting JUSTICE ahead of policy & practice (of a court not normally [and sparingly and only in a clear instance of previous error] reopening issues of law already decided ) because they wanted to prevent a manifest injustice! Manifest injustice means something which is ‘obviously unfair’ or ‘shocking to the conscience.’ It refers to an unfairness that is direct, obvious, and observable: an outcome in a case that is plainly and obviously unjust.
And in THIS case, because I didn’t just “sit on my rights” but kept fighting and going on throughout the court system stating the samething over & over again that the bank didn’t own my mortgage deed due to a MERS assignment that only gave the bank the right to record which did NOT give them ownership to provide standing to sue and because under Maine law in Saunders (decided 28 months BEFORE my case) this argument was correct at the time I argued it in court and this was overlooked by the Supreme Court (thus a clear previous error which is plainly and obviously unjust and unfair), they chose to reopen my case and correct their error and serve justice!
WOWZERS!! See their decision by clicking on #5 below…I’ve included all the filings that led to this decision after I hired an attorney because the courts made it very clear that they couldn’t/wouldn’t hear my argument as a pro-se litigant’s argument. But, they heard it when my attorney said that I said it! GRRRRRRRRRRR
- My attorney’s first filing of the 60(b) motion for Relief from Judgment to the Springvale District Court
- The Supreme/Law Court’s order to refile the above motion in the Supreme/Law Court
- The refiled above mentioned 60(b) motion
- US Bank’s ordered response to refiled 60(b) motion
- Supreme/Law Court’s ruling granting my motion and remand vacating and dismissing the foreclosure judgment that was in the bank’s favor
- Springvale District Court’s ruling vacating the judgment and dismissing it with prejudice