(BREAKING NEWS — OP-ED) — The poster of this blog is a consultant to attorneys on chain of title matters and thus does not render legal advice. The matters opined in this short post are those of the author of this post and only reflect what educational value is offered.
Was it really clerical error or weren’t the attorneys for the bank paying attention to detail?
The rules of civil procedure affect not just homeowners (many of who choose to represent themselves pro se) but they also affect financial institutions whose attorneys “drop the ball”. In this case, the homeowners (even though it’s asserted they were in default) took their civil procedure matter all the way to the Maine Supreme Court … and won an affirmation on their judgment on the pleadings! Don’t you love it when that happens? See the ruling below (it’s only 9 pages … read it!):
You gotta love it when stuff like this happens; however, it happens more so to homeowners who (along with their “delay” lawyers) aren’t paying attention to the “rules”. It’s nice to have an attorney who pays attention. It’s not so nice when homeowners have to sue their attorney for malpractice for either (a.) dropping the ball for not paying attention; or (b.) blatantly promising to do something and then failing to do it.
From the looks of this case, the bank’s lawyers are the ones who got egg on their face. Makes you wonder if they’ll ever figure out a way to refile. Aaahhhh … thoughts for another day!