Blaine housing dispute going to trial

BLAINE – A Blaine couple who have been embroiled in a housing dispute for the past year have won the right to go to trial, but a judge denied their claim against one party that was named in the lawsuit, which they filed in Aroostook County Superior Court.

Fifteen months ago, Randy and Jean Gravel filed suit against Peoples Heritage Bank in Houlton and its parent company, Banknorth N.A., claiming that they were denied their choice of attorney by the bank for use in a residential mortgage transaction.

The Gravels had secured a mortgage through Peoples to purchase their home for $38,000.

After the couple moved into the dwelling four years ago, they discovered that the furnace was defective and the well was contaminated by petroleum that seeped from an ill-repaired tank. The Gravels also discovered that the structure was rife with dry rot.

The Blaine residents purchased the home from its former owner, Lona Brewer, who is also named in the suit. She has been accused of fraud by the couple for failing to disclose alleged problems with the home and property before she sold it to the Gravels.

Brewer vehemently denied all of the allegations in a recent interview with the Bangor Daily News. She insisted that the damage was not there when she left the home, and added that any such damage was because of neglect by the couple.

The Gravels also named Julie Delano – listed in court documents as an agent and officer at the bank – as a party in their claim. Delano assisted the Gravels with the loan process.

Delano, according to the couple’s attorney, Patrick Hunt, “insisted that the [Gravels] use the bank’s attorney,” indicating that it would make the process faster.

The bank has denied the couple’s allegations. In February, an attorney for Banknorth N.A. asked for a summary judgment in the lawsuit that the Gravels filed. The pre-verdict judgment would have eliminated the need for the matter to go before a jury.

Superior Court Justice E. Allen Hunter denied the bank’s request in a decision handed down earlier this month, but absolved Delano of any wrongdoing in the case.

The action against the other three parties stands, according to Hunt. The attorney estimated that the case could go to trial within a year.

“We’re really happy about the judgment,” Randy Gravel said recently, adding that he hopes to receive a financial settlement before the case is disposed of. “Why should we settle for a small amount of money after what they put us through?”

Jeff Nathanson, a representative for Banknorth, explained Thursday that he could not comment on pending litigation, but said that the bank was going to ask the court to reconsider the judgment.

Reached for comment Thursday, Brewer maintained her innocence and said that she believes that she will be absolved of any wrongdoing.

“I believe in justice, and I think that our [court] system works for people that are honest,” she said. “I am being honest, and I did not do anything wrong.”