U.S. Bank National Association as Trsutee v. Charles Adams
102 A.3d 774
Me.2014Background
- In 2004 Charles Adams conveyed a portion of his Dedham parcel to himself and Dorothy Adams as joint tenants.
- In Dec 2005 Dorothy signed a promissory note to American Brokers Conduit (ABC) and conveyed a mortgage on her interest as security; Charles did not sign and would not be bound.
- Dorothy defaulted on the loan in early 2008.
- On May 14, 2012 U.S. Bank filed suit against Charles seeking an equitable lien on Charles’s interest based on Dorothy’s use of ABC loan proceeds to satisfy an earlier jointly owed loan.
- A trial was held without a jury; on Nov 1, 2013 the court ruled for Charles, denying U.S. Bank’s equitable lien claim, and the action filed after accrual was time-barred.
- The court held the equitable lien claim accrued in December 2005; under 14 M.R.S. § 752 the action filed in May 2012 was time-barred and vacated the judgment for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the equitable lien claim time-barred under § 752? | Bank argues accrual in 2005; filing in 2012 exceeds six years. | Adams argues the action is time-barred. | Yes, time-barred; action dismissed. |
Key Cases Cited
- Dowling v. Salewski, 926 A.2d 193 (Me. 2007) (statute of limitations accrual governs time-barred claims)
- Me. Mun. Emps. Health Trust v. Maloney, 846 A.2d 336 (Me. 2004) (applies § 752 to unjust enrichment claims)
- In re Estate of Miller, 960 A.2d 1140 (Me. 2008) (§ 752 applies to unjust enrichment claims)
- Bank of America, N.A. v. Greenleaf, 96 A.3d 700 (Me. 2014) (standing to sue; foreclosures standards context)