Bank of America V. Jettinghoff

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STATE OF MAINE CUMBERLAND, ss SUPERIOR COURT CIVIL ACTION _ O,ocket No. ~-11-335. -~-. . 1 . (V /1/1 - ('\ l D( V. I' II - --1. I II ·0 I l BANK OF AMERICA, N.A., Plaintiff ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT v. CHRISTOPHER L. JETTINGHOFF, Defendant and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., 11 JUL '13 P"12:4b Party-In-Interest The plaintiff seeks a summary judgment on its complaint for foreclosure. The plaintiff has failed to establish the foundation necessary for consideration of affiant Denise Sipe's testimony and the business records referred to in her affidavit. 1 (Sipe Aff. <[<[ 1-3.); see Beneficial Maine, Inc. v. Carter, 2011 ME 77, <[<[ 14-16, 25 A.3d 96; HSBC Mortgage Services, Inc. v. Murphy, 2011 ME 59, <[ 10, 19 A.3d 815; M.R. Evid. 803(6); M.R. Civ. P. 56(e). In addition, the plaintiff failed to "certify proof of ownership of the mortgage ,· note ...." 14 M.R.S. § 6321; see Bank of Am., N.A. v. Cloutier, 2013 ME 17, <[ 16, 61 A.3d 1242. The plaintiff fails to state the owner the note. The Law Court has held that a 1 ? ./D ~) I Ms. Sipe fails to provide adequate detail concerning the source of her knowledge regarding the record keeping practices of the plaintiff and other entities involved. Attorney Doonan does not remedy the foundation issue. (See Pl.'s S.M.F. <J[ 3; Doonan Aff. <J[ 1.) plaintiff is required "to identify the owner or economic beneficiary of the note and, if the plaintiff is not the owner, to indicate the basis for the plaintiff's authority to enforce the note pursuant to Article 3-A of the UCC." Cloutier, 2013 ME 17, 9I 16, 61 A.3d 1242. The entry is The Plaintiff's Motion for Summary Judgment is DENIED. Nan y Mills Justice, Superior Co 2 BAC HOME LOANS SERVICING LP VS CHRISTOPHER L JETTINGHOFF ET AL UTN:AOCSsr -2011-0054845 CASE #:PORSC-RE-2011-00335 DOONAN JOHN A 01 0000003250 100 CUMMINGS CENTER, STE 225D BEVERLY MA 01915 PL BAC HOME LOANS SERVICING LP F RTND 06/10/2011 02 0000004682 CORMIER JENAI J 100 CUMMINGS CENTER, STE 225D BEVERLY MA 01915 PL F BAC HOME LOANS SERVICING LP RTND 06/10/2011

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