Supreme Judicial Court of Maine, 1984

Maine Savings Bank v. Karter

Maine Savings Bank v. Karter
Supreme Judicial Court of Maine · Decided May 24, 1984 · Dufresne, Glassman, Nichols, Roberts, Scolnik, Wathen
475 A.2d 1149; 1984 Me. LEXIS 693 (Atlantic Reporter, Second Series)

Maine Savings Bank v. Karter

Opinion of the Court

*1150MEMORANDUM OF DECISION.

Danny A. and Victoria L. Karter appeal from a summary judgment entered in the Superior Court, Kennebec County, upon a complaint for foreclosure of their mortgage initiated by Maine Savings Bank pursuant to 14 M.R.S.A. §§ 6321-6325 (1980 & Supp. 1983). The Karters allege that the bank’s breach of certain side agreements caused their default in the mortgage payments. These allegations, however, are not sufficient to avoid summary judgment unless the Karters submit affidavits alleging facts which generate these issues. Depositors Trust Co. v. Herold, 458 A.2d 430 (Me. 1983). This they have failed to do.

The entry is:

Judgment affirmed.

All concurring.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.