GORMAN, J.
[¶ 2] This case involves two foreclosure matters concerning separate properties in South Bristol. The cases were consolidated for purposes of appeal, but Peterson's primary argument concerns the second foreclosure, and his only issue on appeal from the first case involves the issue of attorney fees. For those reasons, we do not provide an outline of the pleadings in the first case and discuss it only as needed.
[¶ 3] On August 13, 2013, the Bank filed a complaint seeking foreclosure of Peterson's primary residence and, seven days later, the Bank served the complaint on Peterson. Included with the complaint served on Peterson was a form entitled "Response to Complaint And Request for Mediation," and a summons informing Peterson that, if he wished to oppose the lawsuit, he had to serve a written answer within twenty days. After Peterson failed to file a timely answer, the Bank filed an application for entry of default on September 18, 2013. One week later, on September 26, 2013, the court (Hjelm, J.) entered Peterson's default. On the same date, Peterson used the form mentioned above to respond to the complaint and request mediation, but did not include with his filings a motion or request to accept his late filings. On December 9, 2013, the court (Sparaco, J.) entered an order denying Peterson's request for mediation because he "filed an untimely response to [the] complaint" as "[t]he response was filed on the same day that the court entered its entry of default." The court also ordered, however, that Peterson could "move to set aside default for good cause shown pursuant to M.R. Civ. P. 55(c)." Peterson did not make any motion to set aside the default and, on January 6, 2014, the Bank filed motions for summary judgment in both foreclosure cases.
[¶ 4] On March 17, 2014, the court (Hjelm, J.) granted summary judgments to the Bank and entered judgments of foreclosure that included cumulative legal fees of $23,827.07.
[¶ 5] The crux of Peterson's argument is that the time limit established by M.R. Civ. P. 93 improperly limits a defendant's substantive right to mediation in violation of 4 M.R.S. § 8 (2014). We are not persuaded.
[¶ 6] In addition to ignoring our broad rulemaking authority, found in 4 M.R.S. § 8, Peterson's argument ignores the specific directive from the Legislature to the
[¶ 7] Contrary to Peterson's assertion, M.R. Civ. P. 93 was promulgated by the Supreme Judicial Court as an appropriate exercise of the broad authority expressly granted to it by the Legislature to create and administer the foreclosure mediation program. It is not an improper limitation of the substantive rights of litigants.
[¶ 8] Peterson has also asserted that, if it was not obvious error for the court to deny his untimely request for mediation, it was an abuse of the court's discretion to do so. Review of an exercise of discretion involves resolution of three questions: (1) whether the factual findings, if any, were supported by the record according to the clear-error standard; (2) whether the court understood the law applicable to its exercise of discretion; and (3) given all the facts and applying the appropriate law, whether the court's weighing of the applicable facts and choices was within the bounds of reasonableness. Charette v. Charette, 2013 ME 4, ¶ 7, 60 A.3d 1264. Here, the court determined that Peterson's filings were untimely because they were due on or about September 10, 2013, based on a service date of August 20, 2013. This reflects an accurate understanding of the date of service and the applicable time limitations of M.R. Civ. P. 93(c)
[¶ 9] Because Peterson did not request mediation pursuant to M.R. Civ. P. 93(c) in a timely manner, the court did not err or abuse its discretion in denying his request for mediation.
The entry is:
Judgment affirmed.