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U.S. BANK, NAT. ASS'N v. THOMES

Docket No. Cum-12-431.

69 A.3d 411 (2013)

2013 ME 60

U.S. BANK, NATIONAL ASSOCIATION as Trustee for the MLMI SURF Trust Series 2006-BC2 v. Theodore W. THOMES et al.

Supreme Judicial Court of Maine.

Decided: June 20, 2013.

Attorney(s) appearing for the Case

Elizabeth Papez, Esq. (orally), Winston & Strawn, LLP, Washington, District of Columbia, Patrick D. Thornton, Esq. , Monaghan Leahy, LLP, Portland, and Corin R. Swift, Esq. , and Jeff Goldman, Esq. , Bingham McCutchen LLP, Portland, for appellant U.S. Bank, N.A.

S. James Levis, Jr., Esq. (orally), Law Office of S. James Levis, Jr., Kennebunk, for appellees Theodore W. and Renee Thomes.

Panel: ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

MEAD, J.

[¶ 1] U.S. Bank, N.A., appeals from a judgment entered after trial by the District Court (Portland, Moskowitz, J.) in favor of Theodore and Renee Thomes on the bank's complaint seeking (1) a judgment of foreclosure and sale concerning real property in Windham owned by the Thomeses; and (2) a judgment against Theodore on a theory of unjust enrichment for the amount of the note secured by the property, which the bank deemed necessary because only...

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