Legal Question in Appeals and Writs in Maine
Right to second appeal
I have recently received a judgment affirmed decision from the Supreme Judicial Court, affirming a lower court deficiency judgment against me as a co-debtor on a foreclosed property. Do I have a right to a second appeal, and if so, in what court. The lower court originally allowed me a hearing disputing the amount of the deficiency and then changed it's mind, stating that I did not dispute sale of house on a timely bais. Maine law states the bank was to certify a letter to me within 30 days of sale. They did not, and can't prove that they did.
Basically, am I now dead in the water in the appeals process here in Maine. Do I have no recourse, except to accept this deficiency judgment against me or can I continue to appeal to a higher court.
2 Answers from Attorneys
Re: Right to second appeal
I agree with what Mr. Murray has already written, so I won't restate it.
I would add, however, that the fact that a judgment has been entered against you is only part of the equation. You may now have a cause of action against the bank, and especially against any debt collection agency that represented the bank. The amount of that judgment simply identified the amount of your damages. You'll need an attorney who practices consumer protection litigation in your area, who understands banking regulation and the fair debt collection practices act. Statutes that protect consumers in such situations usually provide for an award of attorneys' fees, so such an attorney may well agree not to charge you anything up front.
Re: Right to second appeal
I am sure the appellate attorney who represented you can answer your questions. You generally do not get two appeals. But I am assuming you were a party to the first case and first appeal. If that is not true, then you may be able to contest the deficiency in your own case. Again, you should contact your present appellate attorney. And, the answer to the appeals question is that you can file a petition for certiorari with the US Supreme Court, which is very hard to get granted. I wonder if you have a substantial enough federal question - perhaps your due process rights were violated, or perhaps some federal law concerning banks/lenders was involved.
Consider bringing an action in federal court, but ask your lawyer.
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