United States of America V. Chase
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STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT Docket No.l)Jh12-2Y/56 , (pi;} -- GLt / - <3 I<-J/!zo,7z_ ( UNITED STATES OF AMERICA, acting through THE RURAL HOUSING SERVICE, USDA, f/k/ a FARMERS HOME ADMINISTRATION, Plaintiff ORDER ON MOTION FOR SUMMARY JUDGMENT V. MARK W. CHASE and THERESA MCCLURE, Defendants Before the court is plaintiff's motion for summary judgment in an action for foreclosure brought pursuant to 14 M.R.S. § 6321 et seq. The plaintiff's motion is subject to Rule 56(j), which imposes detailed requirements for granting summary judgment in foreclosure actions. M.R. Civ. P. 56(j). 1 The court must also determine if the mortgage holder has set forth in its statement of material facts the minimum facts necessary for summary judgment in a residential mortgage foreclosure. Chase Home Fin. LLC v. Higgins, 2009 ME 136, 'li 11, 985 A.2d508. The plaintiff fails to meet the requirements for a summary judgment of foreclosure, as the plaintiff failed to attach the referenced exhibits to the Affidavit 1 M.R. Civ. P. 56(j) states, in part: No summary judgment shall be entered in a foreclosure action filed pursuant to Title 14, Chapter 713 of the Maine Revised Statutes except after review by the court and determination that (i) the service and notice requirements of 14 M.R.S. § 6111 and these rules have been strictly performed; (ii) the plaintiff has properly certified proof of ownership of the mortgage note and produced evidence of the mortgage note, the mortgage, and all assignments and endorsements of the mortgage note and the mortgage; and (iii) mediation, when required, has been completed or has been waived or the defendant, after proper service and notice, has failed to appear or respond and has been defaulted or is subject to default. of Laurie Buress. Along with other referenced materials, the plaintiff failed to provide copies of the note, mortgage, and notice of default. The Plaintiff's Affidavit states that these exhibits are attached thereto but in the absence of the attachments, the only evidence offered consists of Ms. Buress's statements as to the contents of business records, and her statements are hearsay. This court cannot consider materials in the file that are not properly introduced. See M.R. Civ. P. 56(h)(4). The Law Court has held that trial courts should no independently search a record to find evidence to support a party's claim when that claim is insufficiently referenced in that party's statement of material facts. HSBC Bank USA, N.A. v. Gabay, 2011 ME 101 9I 17, 28 A.3d 1158. The entry shall be: Plaintiff's motion for summary judgment is denied. The Clerk is directed to incorporate this order into the docketby reference pursuant to M.R. Civ. P. 79(a). Dated: Hon. Thomas D. Warren Justice, Superior Court UNITED STATES OF AMERICA VS MARK W CHASE ET AL UTN:AOCSsr -2012-0068623 CASE #:PORSC-RE-2012-00256 01 0000002791 BRODERICK, RICHARD JR PO BOX 5 LINCOLN ME 04457 UNITED STATES OF AMERICA F PL RTND 07/18/2012 02 0000009871 LOGAN SCOTT J 75 PEARL STREET SUITE 212 PORTLAND ME 04101 F MARK W CHASE DEF RTND 10/23/2012
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