WILMINGTON SAVINGS FUND SOCIETY FSB v. MOONEY, 2:16-cv-00545

In July 2007 Mooney executed a $173,000 promissory note secured by a mortgage on his Portland property and defaulted in August 2009.
The loan was assigned in 2012 to U.S. Bank National, which sued for foreclosure after sending a §6111 notice; the Cumberland County Superior Court held Mooney never received the notice and dismissed the foreclosure action without prejudice after a 2015 bench trial.
Mooney did not appeal the Superior Court dismissal.
The mortgage and note were assigned to Wilmington Savings Fund in January 2016; Wilmington sent a new Notice of Default in August 2016 and filed this federal foreclosure suit in October 2016.
Mooney moved for judgment on the pleadings seeking dismissal under res judicata, arguing the Superior Court’s dismissal should have been with prejudice; the district court denied the motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Wilmington's claims are barred by res judicata	Wilmington: prior dismissal was without prejudice and not appealable by defendant; res judicata does not bar the suit	Mooney: Superior Court’s factual ruling that statutory notice requirements were not met effectively resolved the merits so res judicata bars relitigation; dismissal should be with prejudice or was an improper advisory comment	Denied — res judicata does not bar Wilmington because Mooney failed to appeal the prior dismissal, rendering that judgment final and unassailable
Whether the court must address Rooker–Feldman to reject Mooney’s argument	Wilmington: not necessary if res judicata fails	Mooney: suggested preclusive effect of state decision implicates Rooker–Feldman	Court declined to reach Rooker–Feldman after resolving res judicata in favor of Wilmington

In re Loestrin 24 Fe Antitrust Litig., 814 F.3d 538 (1st Cir. 2016) (standard for Rule 12(c) motions likened to Rule 12(b)(6))
State v. Reny, 511 A.2d 1066 (Me. 1986) (failure to pursue direct appeal bars collateral relitigation)
Cline v. Maine Coast Nordic, 728 A.2d 686 (Me. 1999) (unappealed superior court dismissal is final and not subject to collateral attack)
U.S. Bank, N.A. v. Mackenzie, 149 A.3d 267 (Me. 2016) (Law Court vacated a without-prejudice dismissal and directed dismissal with prejudice where defective notice reached the merits)
U.S. Bank, N.A. v. Tannenbaum, 126 A.3d 734 (Me. 2015) (prior Law Court decision on foreclosure notice defects)
Wells Fargo Bank, N.A. v. Girouard, 123 A.3d 216 (Me. 2015) (prior Law Court decision on foreclosure notice defects)