JP Morgan Chase Bank V. McChesney
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STATE OF MAINE CUMBERLAND, ss SUPERIOR COURT CNILACTION Docket No. RE-10-19~/ .'~ ,., ., l)A1 -- C U.. ll/1 ~ 0<.; I . 1"\ t.'J.:;. jl I JP MORGAN CHASE BANK, I NATIONAL ASSOCIATION, successor by merger to CHASE HOME FINANCE LLC, Plaintiff ORDER v. HANNAH MCCHESNEY, Defendant The plaintiff seeks a summary judgment on its complaint for foreclosure. The defendant opposes the plaintiff's motion for summary judgment and requests summary judgment in her favor. The plaintiff has failed to establish the foundation necessary for consideration of Affiant Donna J. Gilkerson's testimony and the business records referred to in her affidavit. 1 (Gilkerson Aff. '1['1[ 1-2, 4-7.) See Beneficial Maine, Inc. v. Carter, 2011 ME 77, '1['1[ 15-16, 25 A.3d 96; HSBC Mortgage Services, Inc. v. Murphy, 2011 ME 59, 'if 10, 19 A.3d 815; M.R. Evid. 803(6); M.R. Civ. P. 56(e). The plaintiff also failed to cite correctly to portions of the record that support key statements of material fact. (Pl.'s S.M.F. '1['1[ 1, 3-4, 6-9, 18; Gilkerson Aff. '1['1[ 3-7.) See M.R. Civ. P. 56(h)(4). The plaintiff has not addressed the modification of the loan in the statement of material facts. (See Gilkerson Aff. 'if 8.) Finally, although the plaintiff filed 1 The plaintiff has not provided adequate information to show that Affiant Gilkerson is qualified to testify about the records created by Chase Manhattan Mortgage Corporation and Chase Home Finance LLC. a notice or merger/ the relationship among the entities is not addressed in the statement of facts. (Pl.'s S.M.F. <][ 15.) The court declines to grant summary judgment in the defendant's favor, as questions of material fact remain regarding ownership of the note and mortgage. (Def.'s A.S.M.F. <][<][ Dl-D2; Schofield Aff. <][<][ 3-6.) The entry is The Plaintiff's Motion for Summary Judgment is DENIED. The Defendant's Request for Summary Judgment is DENIED. 2 No motion for substitution of parties was filed. M.R. Civ. P. 25. PAGE A - ATTORNEY BY CASE VIEW CHASE HOME FINANCE LLC VS HANNAH MCCHESNEY UTN:AOCSsr -2010-0049317 CASE #:PORSC-RE-2010-00197 04 0000009451 SANTIAGO, MICHELLE PORTLAND SQUARE 5TH FL PO BOX 31 PORTLAND ME 04112 ONE DEF HANNAH MCCHESNEY F SCHOFIELD, GERALD B 05 0000004454 746 HIGH STREET BATH ME 04530 HANNAH MCCHESNEY F RTND DEF CHASE HOME FINANCE LLC VS HANNAH MCCHESNEY UTN:AOCSsr -2010-0049317 08/20/2010 RTND W/DRWN 10/24/2011 06/08/2012 CASE #:PORSC-RE-2010-00197 01 0000007035 ABBONDANZA, RICHARD 511 CONGRESS STREET SUITE 801 PORTLAND ME 04101 F HANNAH MCCHESNEY DEF RTND 08/20/2010 02 0000000118 THELIN PAUL E 7 OCEAN ST PO BOX 2412 SOUTH PORTLAND ME 04116-2412 F CHASE HOME FINANCE LLC PL RTND 05/17/2010 03 0000008571 GAMACHE JEROME J 7 OCEAN ST PO BOX 2412 SOUTH PORTLAND ME 04116-2412 F CHASE HOME FINANCE LLC PL RTND 09/29/2011
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