United States Department of Housing and Urban Development v. Union Mortgage Company

661 A.2d 163 (1995)

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United States Department of Housing and Urban Development v. Union Mortgage Company

Supreme Judicial Court of Maine
661 A.2d 163 (1995)

Facts

RCR Services, Inc. (RCR) held a first mortgage in the amount of $45,153 on property located in Maine. Union Mortgage Company, Inc. (Union) (defendant) held a junior mortgage on the property in the amount of $9,900. RCR sued in foreclosure, but did not name Union as a party in interest, as required by state statute. RCR obtained a foreclosure judgment, conducted a foreclosure sale—again, without notifying Union—and purchased the property for $80,520.26, which was the balance owed to RCR. Because Union had not been named a party, the Union mortgage remained outstanding. The United States Department of Housing and Urban Development (HUD) (plaintiff), to which RCR transferred title to the property, filed a complaint requesting the court to foreclose Union’s interest in the property. The court granted the foreclosure, finding that Union was adequately protected by the right of redemption. Union appealed, claiming that the right to redeem the property from the senior mortgagee did not sufficiently protect Union’s interest. Rather, Union argued that, as a junior mortgagee, Union had the right to appear and bid at the public foreclosure sale.

Rule of Law

Issue

Holding and Reasoning (Glassman, J.)

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