Law Court invites amicus briefs on
whether the dismissal with prejudice
of a foreclosure action bars a second
foreclosure action based on
the same note and mortgage


The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of Federal National Mortgage Association v. Patricia W. Deschaine et al., Law Court docket number Pen-16-316. The issue involves the effect of res judicata principles on a second foreclosure action after a mortgagee’s first foreclosure action is dismissed with prejudice.  The parties’ briefs, the appendix, and two motions of non-profit organizations to participate as amici are available at the links above..

An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before March 29, 2017.  An amicus brief must be filed at the address listed below, and must comply with  M.R. App. P. 7(c), 9(e)(1), and 9(f).  In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single “native” or text-based .pdf file, to

Dated:  March 1, 2017

Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146