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DUPUIS v. FEDERAL HOME LOAN MORTG. CORP.

Civ. No. 93-299-P-H.

879 F.Supp. 139 (1995)

Margaret DUPUIS, Plaintiff, v. FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendant.

United States District Court, D. Maine.

January 9, 1995.

Attorney(s) appearing for the Case

Kurt E. Olafsen, Portland, ME, for plaintiff.

David J. Jones and Keith Jacques, Jensen, Baird, Gardner & Henry, Biddeford, ME, for defendant.

ORDER ON A STIPULATED RECORD

HORNBY, District Judge.

This case presents the always difficult question of which innocent party must bear the unavoidable consequences of a third party's wrongful acts. Fidelity Guarantee Mortgage Corporation ("Fidelity"), the original lender, caused much of the loss underlying this lawsuit. Fidelity, however, has been adjudged bankrupt and is judgment proof. The loss, therefore, must fall on one of the two innocent parties...

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