Pierce v. Bradley

STATE OF MAINE SUPERIOR COURT
YORK, ss. CIVIL ACTION
DOCKET NO. ALFSC-RE-18-002

BUCK A. PIERCE, )
)
Plaintiff, )
) ORDER ON PLAINTIFF'S MOTION FOR
v. ) PARTIAL SUMMARY JUDGMENT
)
CALLEEN M. BRADLEY, JUDE J. )
BRADLEY, and DONNA M. )
BRADLEY, )
)
Defendants. )

Plaintiff Buck A. Pierce brought a nine-count complaint against Defendants, Calleen M.

Bradley, Jude J. Bradley, and Donna M. Bradley, seeking, inter alia declaratory judgments

stating that he owns a certain parcel of real estate free and clear of any claims by Defendant

Calleen Bradley (Count I) or Jude and Donna Bradley (Count II). (Pl.'s 1st Am. Comp!.) Pierce

now moves, pursuant to M.R. Civ. P. 56, for summary judgment in his favor on Count I of his

First Amended Complaint.

I. Summary Judgment Factual Record and Procedural History

This dispute centers around a parcel of real estate located at 844 Garvin Road, Acton, ME

("the premises"), where Plaintiff resided beginning in 2005. (PSMF 111-2.) Defendant Calleen

Bradley was Plaintiffs intimate partner and lived with Plaintiff at the premises starting in 2016.

In 2017, the Snyder Living Trust foreclosed on the premises, and Calleen Bradley

purchased the premises at the foreclosure sale. (PSMF 113-5.) The deed from the Snyder

Living Trust to Calleen, dated June 29, 2017, was recorded in the York County Registry of

Deeds at Book 17507, Page 196. (PSMF 15.)

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On August 22, 2017, Calleen executed a deed conveying the premises to Buck. (PSMF ,r

6.) The deed was signed by Calleen, acknowledged before a notary public, and delivered to

Buck, who accepted it. (PSMF ,r,r 7-8.) Buck did not immediately record the deed, which is

now recorded in the York County Registry of Deeds at Book 17507, Page 17507. (PSMF ,r 9;

Ex. A to Pierce Aff.) On December 15, 2017, Calleen executed a deed conveying the premises

to herself and her parents, Defendants Jude and Donna Bradley as joint tenants. (PSMF ,r 11.)

This deed was recorded in the Registry of Deeds at Book 17627, Page 23. (PSMF ,r 10.) At the

time of the conveyance, Jude and Donna had notice of the prior conveyance from Calleen to

Buck. (PSMF ,r,r 13-14.)

On December 28, 2017, Calleen obtained a temporary protection from abuse order

against Buck that gave her possession of the premises. (PSMF ,r 15.) A final Order for

Protection from abuse was entered on September 21, 2018, which made the right to possession of

the premises contingent upon the outcome of the present litigation. (PSMF ,r 16.)

Defendants assert, without appropriate record citation (see M.R. Civ. P. 56(h)(2), (4)),

that: the terms of the mortgage note prohibited Mr. Pierce from assuming Calleen Bradley's

obligations without the express consent of the note holder/mortgagee; the note holder did not

consent to any assumption by Mr. Pierce; the mortgage note does not permit Mr. Pierce to satisfy

its terms; that the August 22, 2017 deed to Buck Pierce was the product of threats to the safety of

Calleen Bradley and her family; Buck Pierce was responsible for the preparation and execution

of the August 22, 2017 deed; and Mr. Pierce failed to provide consideration for the transfer of

title to the premises. (DSMF ,r,r 4-11.) 1

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Appended to Defendants' Statement of Material Facts are copies of Calleen Bradley's Complaint for Protection
from Abuse, dated December 28, 2017, alleging instances of abuse that occurred "over the past few weeks"; and
copies of the mortgage and note Calleen Bradley executed with respect to the premises in favor of Residential
Mortgage Services, Inc. on June 30, 2017.

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Defendants answered Plaintiffs Complaint on February 12, 2018, denying the bulk of

Plaintiffs allegations and asserting as affirmative defenses (1) the doctrines of equitable and

promissory estoppel, waiver, and unclean hands, (2) that "Plaintiffs claims are barred by his own

recent contact and failure of consideration[,]" and (3) the Statute of Frauds. (Defs.' Answer to

!st Am. Comp!, at 7.)

II. Discussion

A. Standard

Summary judgment is proper where no genuine issues of material fact exist and the

moving party is entitled to judgment as a matter oflaw. Stanley v. Hancock County Comm'rs,

2004 ME 157, ,r 13,864 A.2d 169; Levine v. R.B.K Caly Corp., 2001 ME 77, ,r 4, 770 A.2d 653;

M.R. Civ. P. 56(c). A material fact is "one that can affect the outcome of the case." Dyer v.

DOT, 2008 ME I 06, ,r 14, 951 A.2d 821. A genuine issue is raised when sufficient evidence

requires a fact-finder to "choose between competing versions of the truth." Id (quoting

Farrington's Owners' Ass'n v. Conway Lake Resorts, Inc., 2005 ME 93, ,r 9, 878 A.2d

504). When material facts are in dispute, the dispute must be resolved through fact-fmding at

trial. Curtis v. Porter, 2001 ME 158, ,r 7, 784 A.2d 18. A party seeking to avoid summary

judgment must present a prima facie case for the claim or defense that is asserted. See Reliance

Nat'[ Indem. v. Knowles Indus. Svcs., 2005 ME 29, ,r 9, 868 A.2d 220; Doyle v. Dep't ofHuman

Servs., 2003 ME 61, ,r 9, 824 A.2d 48.

B. Analysis

Plaintiff argues, based on the undisputed factual record, that he is entitled to a declaratory

judgment stating that he is seized of the premises free and clear of any and all claims of

Defendant Calleen Bradley.

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Defendants oppose Plaintiffs motion, arguing (1) the purported deed conveying the

premises from Calleen Bradley to Buck Pierce was the product of duress and undue influence,

(2) the terms of Calleen Bradley's mortgage prohibited the conveyance of the premises to Buck

Pierce, and (3) any transaction between the parties fails for lack of consideration.

1. Plaintiff has adduced prima Jacie evidence establishing the validity
of the August 22, 2017 deed.

"Maine's recording statute, which provides that unrecorded conveyances are ineffectual

against anyone other than the grantor and persons having actual notice ... is applicable only to

competing conveyances of the same property." Bartlett v. Pullen, 586 A.2d 1263, 1265 (Me.

1991 ). Here, Defendants have not refuted the Plaintiffs assertions that Jude and Donna Bradley

had actual notice of the August 22, 2017 deed at the time Calleen executed the subsequent

December 15, 2017 deed. Accordingly, the fact that Calleen, Jude, and Donna recorded the

December 15 1h deed does not affect the validity of the August 22, 2017 conveyance.

"The conveyance of title to property requires a manual transfer of the deed and an intent

to pass title between a grantor and grantee." Waxler v. Waxler, 1997 ME 190, ,r 6,699 A.2d

1161 (quoting Poling v. Northup, 652 A.2d 1114, 1115 (Me. 1995)). "When the physical

possession of a deed is transferred from one party to another, there is a presumption that 'both

parties intended to effect an immediate transfer of the title, in accordance with the terms of the

deed."' Id. ,r 8 (quoting Coombsv. Fessenden, 116Me. 304,306,101 A. 465 (1917)).

Here, Defendants have done nothing to refute the facts asserted by Plaintiff which

establish that Calleen Bradley executed the August 22, 2017 deed to Buck Pierce, and Buck

Pierce took physical possession of it. As such, Mr. Pierce is entitled to the presumption that

Calleen intended to immediately transfer title upon delivery of the deed to Buck and he is

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entitled to summary judgment in his favor unless Defendants have adduced evidence that would

otherwise defeat the validity of the August 22, 2017 deed.

2. Defendants failed to plead the affirmative defenses of duress and
undue influence, thereby waiving them.

A defendant, in answering a complaint, "shall set forth affirmatively ... any other matter

constituting an avoidance or affirmative defense." M.R. Civ. P. 8(c). "Ordinarily an affrrmative

defense is deemed waived if not raised by a sufficient pleading .... " Inniss v. Methot Buick-

Opel, Inc., 506 A.2d 212,218 (Me. 1986)

Duress is an affirmative defense. Bose Corp. v. Ejaz, 732 F.3d 17, 23 (1st Cir. 2013)

(citing Happ v. Corning, Inc., 466 F.3d 41, 44 (1st Cir. 2006)) (applying Massachusetts law); see

also Rest. 2d of Contracts§§ 174-75. A party claiming "undue influence" must make an

affirmative showing in order to make voidable a transfer of real estate or a contract. See 33

M.R.S. § 1022; Rest. 2d of Contracts§ 177 (1981). Defendants cite Cyr v. Cote, 396 A.2d 1013

(Me. 1979) for the proposition that "[a] deed which is not executed in a knowing and voluntary

manner, or one in which the Grantor is unduly influenced by the Grantee to execute is ineffective

in conveying an interest in real estate." (Defs.' Resp., at 1.) That case, however, involved

claims of undue influence and duress by plaintiffs who were sought to void an inter vivas

transfer of property by making an affirmative showing. Cyr, 396 A.2d at 1017.

Accordingly, it appears that both duress and undue influence are affirmative defenses that

must be specifically pleaded in the answer to a plaintiffs complaint.

Defendants did not plead the affrrmative defenses of duress or undue influence in their

Answer. Therefore, the defense is deemed waived and it cannot be used to defeat the entry of

summary judgment in Plaintiffs favor.

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3. Defendants have not demonstrated that the terms of Calleen
Bradley's mortgage and note affect the conveyance to Pierce.

Defendants cite no binding authority--either in the law or in the specific language of the

June 30, 2017 mortgage and note-to support their argument that the terms of the mortgage and

note prohibited her from transferring the premises to Plaintiff.

An opposing statement of material fact that does not provide appropriate record citations

in accordance with M.R. Civ. P. 56(h) constitute "unsupported speculation that does not generate

a genuine issue of material fact." Biette v. Scott Dugas Trucking & Excavating, 676 A.2d 490,

494 (Me. 1996) (citation omitted); see also 3 Charles Harvey Maine Civil Practice§ 56:5, at 236

n.2 (2011 ed.) ("The reviewing court will make its determination of the appropriateness of the

grant of summary judgment based only upon those materials that have been properly presented to

the trial court.") (internal quotation marks and citations omitted).

Here, the term(s) of the mortgage or note that Defendants now invoke were not properly

presented to the Court, and therefore do not generate a genuine dispute of material fact to

preclude the entry of summary judgment in Plaintiffs favor.

4. Failure of consideration does not defeat the validity of a conveyance.

Failure of consideration "does not entitle a grantor to cancellation of a deed."

McDonald's Corp. v. MLT Invs., 1996 Me. Super LEXIS 18, at *5 (Jan. 11, 1996) (citing 23 Am.

Jur. 2d Deeds§§ 94, 95). Defendants have not asserted a counterclaim for breach of contract for

the sale of the premises, where the question of consideration would be relevant. See Rest. (2d) of

Contracts § 71 (1981 ). Accordingly, whether or not there was a failure of consideration is not

relevant to the question now before the Court, to wit, the validity of the August 22, 2017 deed to

Buck Pierce.

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III. Conclusion & Order

Based on the undisputed summary judgment record, Plaintiff has made a prima facie

showing that the August 22, 2017 deed from Calleen Bradley to Buck Pierce was valid and

effected a conveyance of Bradley's interest in the premises to Pierce. Defendant has not pleaded

affirmative defenses or supported any of its arguments attempting to rebut the presumption that

the August 22, 2017 deed was effective in a format required by M.R. Civ. P. 56(h).

Therefore, the entry shall be:

"Plaintiff Buck A. Pierce's Motion for Partial Summary Judgment on Count I of his First

Amended Complaint is GRANTED.

Pursuant to 14 M.R.S. § 5953 (2018), the Court hereby DECLARES that Buck A. Pierce

owns the premises located at 844 Garvin Road, Acton ME, and more fully described in the deed

recorded in the York County Registry of Deeds at Book 17507, Page 196, free and clear of any

claims of Defendant Calleen M. Bradley, including the interest purported in the deed recorded in

the York County Registry of Deeds at Book 17627, Page 23, or otherwise."

The Clerk is requested to enter this Order on the docket for this case by incorporating it by

reference. M.R. Civ. P. 79(a).

SO ORDERED.

Dated: May~ 2019

JohnQB.
Justice, Superior Court

Enlered on lhe Docket on: blci>t::L
sent to the fo:1c,,,:M cafiies/cr,,

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